Tom Rading Kuyoh v Joshua Nyiera Chairman of Fera Association; Nairobi City County (Interested Party) [2019] KEELC 2338 (KLR)
- Court
- Environment & Land Court
- Case number
- 2338
- Citation
- [2019] KEELC 2338 (KLR)
- Decided
- 17 July 2019
Summary at a glance
TypeCivilPosturePetitioner seeks stay of execution of judgment, Respondent opposesCoramB M Ebose
The application is dismissed for being an abuse of the process of the court and for lack of merit.
Facts
Petitioner filed a petition and cross-petition in the court, which was dismissed. Petitioner then sought a stay of execution of the judgment, claiming it would be rendered nugatory if the structures were demolished.
Issues
- Whether the application for stay is an abuse of the process of the court.
- Whether the applicant has satisfied the requirements of Order 42 rule 6(2) of the Civil Procedure Rules.
Reasoning
The court found the application an abuse of the process of the court, as the applicant had already sought a stay in the Court of Appeal and that court had dismissed the application for non-attendance and want of prosecution. The applicant has not demonstrated substantial loss and has not served a notice of appeal within the prescribed time.
Outcome
Petitioner's notice of motion dated 4/10/2018 is dismissed.
Orders
- Application for stay of execution of judgment dismissed for abuse of process and lack of merit.
Authorities cited
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