Johnson Gathanga Mwaniki v Esther Watheri Mwaniki & 4 others [2019] KEELC 372 (KLR)
- Court
- Environment & Land Court
- Case number
- 372
- Citation
- [2019] KEELC 372 (KLR)
- Decided
- 19 December 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicants seek a stay of execution of the judgment pending the hearing and determination of their appeal.CoramJ G KEMEI
Holding
The Applicants have not met the threshold in demonstrating substantial loss, and the application is dismissed.
Facts
The Applicants are seeking a stay of execution of a judgment that cancelled new titles in their names and allocated a share to the Plaintiff. The Respondent is concerned about losing the land if he gets a share.
Issues
- Whether the Applicants have demonstrated substantial loss that would be suffered if the stay is not granted.
- Whether the Applicants have met the mandatory provisions of Order 42 Rule 2 of the Civil Procedure Rules.
Reasoning
The Court found that the Applicants have not provided evidence of substantial loss and dismissed the application.
Outcome
Application dismissed with costs to the Respondent.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (5)
- Butt Vs Rent Restriction Tribunal (1982) KLR 417
- J M Gichange Vs Cooperative Bank of Kenya (2005)
- James Wangalwa & Anor Vs Agnes Naliaka Cheseto (2012)
- Silverstein Vs Chesoni (2002)
- Carter & Sons Ltd vs Deposit Protection Fund Board & 2 Others Civil Appeal No. 291 of 1997
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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