Rose Mulonda Opanda & 3 others v Leonida Omukhoyia Nyangweso [2019] KEELC 1690 (KLR)
- Court
- Environment & Land Court
- Case number
- 1690
- Citation
- [2019] KEELC 1690 (KLR)
- Decided
- 24 September 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a lower court rulingCoramN.A. MATHEKA
Holding
The court dismisses the application with costs, finding that the appeal is not arguable and that granting a stay would not render the appeal nugatory.
Facts
The applicants were served with an order purportedly made pursuant to a ruling in a previous case, and they sought a stay of execution of that order pending the hearing of their appeal.
Issues
- Whether the applicants' appeal is arguable
- Whether granting a stay of execution would render the appeal nugatory
- Whether the applicants are entitled to a stay of proceedings
Reasoning
The court applies the principles set out in various authorities, including the principles from Chris Munga N. Bichange vs Richard Nyagaka Tongi & 2 Others, to determine that the applicants have not demonstrated sufficient grounds for a stay.
Outcome
Application dismissed with costs
Authorities cited
Cases cited (3)
- Chris Munga N. Bichange Vs Richard Nyagaka Tongi & 2 Others
- Mohamed Salim T/A Choice Butchery Vs Nasserpuria Memon Jamat
- Carter & Sons Ltd vs Deposit Protection Fund Board & 2 Others
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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