Susan Wanja Mbogo v Josphat Mbogo Kagau [2019] KEELC 3182 (KLR)
- Court
- Environment & Land Court
- Case number
- 3182
- Citation
- [2019] KEELC 3182 (KLR)
The court denied the Appellant's application for a stay of execution, finding that the Appellant had not demonstrated substantial loss and that the application was made with unreasonable delay.
Facts
The Appellant (Susan Wanja Mbogo) sought a stay of execution of a judgment and decree in Siakago Principal Magistrate Civil Case No. 63 of 2015, claiming that the pending appeal might be rendered nugatory if the Respondent (Josphat Mbogo Kagau) was not restrained from evicting her from the suit property.
Issues
- Whether the Appellant's application for a stay of execution was valid
- Whether substantial loss would result to the Appellant if the application was not granted
Reasoning
The court ruled that the removal of a caution does not equate to eviction, and that the principles for granting a stay pending appeal are not met. The court also noted that there was no evidence to support the risk of disposal of the suit property.
Outcome
The Appellant's application for a stay of execution was denied.
Orders
- Denial of the Appellant's application for a stay of execution
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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