Moraa Masare & 4 others v Geoffrey Matoke [2019] KEELC 2180 (KLR)
- Court
- Environment & Land Court
- Case number
- 2180
- Citation
- [2019] KEELC 2180 (KLR)
- Decided
- 26 July 2019
The Court of Appeal is seized of the matter following the order of stay granted by this Court and consequently this Court lacks the jurisdiction to deal with the matter until the pending appeal is disposed of.
Facts
The Respondent/Applicant seeks to discharge, vary and/or set aside orders of stay of execution given on 19th February, 2014, and to execute and enforce a decree in favor of the Applicant. The Appellants have not lodged the appeal as required under the law.
Issues
- Whether the Appellants have lodged the appeal as required under the law.
- Whether the Court of Appeal is seized of the matter following the order of stay granted by this Court.
Reasoning
The court determined that the Appellants were granted a stay of execution of the decree arising from the judgment of Okongo, J. delivered on 21st June, 2013. The terms/conditions set by the court while granting the stay of execution were met, and jurisdiction in the matter henceforth rested with the Court of Appeal.
Outcome
The application is dismissed with costs to the Appellant/Respondents.
Authorities cited
Cases cited (3)
- Civil Procedure Act Cap 21 Laws of Kenya
- Order 46 Rule (4) of the Civil Procedure Rules, 2010
- Rule 83 and 84 of the Court of Appeal Rules
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