Lydia Chepchirchir Koskei v Justus Achuka Omenyo [2019] KEELC 2147 (KLR)
- Court
- Environment & Land Court
- Case number
- 2147
- Citation
- [2019] KEELC 2147 (KLR)
- Decided
- 29 July 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a ruling and order of the Chief Magistrate's CourtCoramD. O. OHUNGO
Holding
The court grants a stay of execution of the ruling and order pending the appeal's hearing and determination
Facts
The appellant's structures were demolished, but she has not vacated the property and spends time away during the week.
Issues
- Whether the appeal should be stayed pending the appeal's hearing and determination
- Whether the appellant has shown substantial loss and provided security
Reasoning
The court finds merit in the application and grants a stay of execution for 18 months, ensuring the appeal is prosecuted promptly.
Outcome
Appeal granted
Orders
- Stay of execution of the ruling and order pending the appeal's hearing and determination
- Stay order to remain in force for 18 months
Remedies
- Costs of Notice of Motion dated 28th September 2018 shall be in the appeal
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
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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