Humphrey Mugo Kabute v Susan Gatundo Murage & 4 others [2019] KEELC 2845 (KLR)
- Court
- Environment & Land Court
- Case number
- 2845
- Citation
- [2019] KEELC 2845 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a final orderCoramE.C. CHERONO
Holding
The application to lift the prohibitory order is well-founded and allowed. The plaintiff shall bear the costs of the application.
Facts
The plaintiff lost a previous case and a prohibitory order was lodged on the suit land parcel. The plaintiff appealed the decision but has not yet prepared the record of appeal.
Issues
- Whether the prohibitory order should be lifted pending appeal
- Whether the plaintiff can use the prohibitory order as a ground for stay pending appeal
Reasoning
The court found that once a determination has been rendered, the decree cannot be enforced without a stay order. Since no stay application was made, the prohibitory order cannot be used as a ground for stay pending appeal.
Outcome
The application is allowed.
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.
Loading judgment…