Sabenzia Achitsa Amuti v Kaitano Ashiono Embali Lukutsa [2019] KEELC 2494 (KLR)
- Court
- Environment & Land Court
- Case number
- 2494
- Citation
- [2019] KEELC 2494 (KLR)
- Decided
- 4 July 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal PendingCoramN.A. MATHEKA
Holding
The application is dismissed with costs.
Facts
The plaintiff, Sabenzia Achitsa Amuti, sought a stay of execution of the judgment pending an appeal against the judgment of the court. The defendant, Kaitano Ashiono Embali Lukutsa, opposed the application.
Issues
- Whether the application for stay of execution is meritorious.
- Whether the evidence tendered by the plaintiff was illegally and procedurally introduced.
Reasoning
The court found that the application lacked merit and that the principles for granting a stay of execution were not established. The respondent's evidence was found to have been properly introduced during the hearing.
Outcome
Appeal dismissed
Orders
- Application dismissed with costs.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Order 22 Rules 22 (1) of the Civil Procedure Rules
- Order 42 Rule 6 of the Civil Procedure Rules
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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