Laurenzia Wanjuki & 2 others v Elias Mugendi Njeru & another [2019] KEELC 4047 (KLR)
- Court
- Environment & Land Court
- Case number
- 4047
- Citation
- [2019] KEELC 4047 (KLR)
- Decided
- 13 March 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution of judgmentCoramFlorence Wan
Holding
The court grants the Plaintiffs' application for a stay of execution of the judgment pending the hearing of their appeal.
Facts
The Plaintiffs are the current occupants of the suit property, while the Defendants are the legal representatives of the estate of the late Defendant's father. The Plaintiffs seek a stay of execution of the judgment pending the hearing of their appeal.
Issues
- Whether the Plaintiffs have made out a case for the grant of an order for stay under the law.
- Whether the Plaintiffs have demonstrated the risk of substantial loss and provided security for due performance of the decree.
Reasoning
The court finds that the Plaintiffs have demonstrated the risk of substantial loss and have not provided security for due performance of the decree. The court grants the stay.
Outcome
The court grants the Plaintiffs' application for a stay of execution of the judgment pending the hearing of their appeal.
Orders
- There shall be a stay of execution of the judgment pending the hearing of the Plaintiffs' appeal.
Remedies
- The Plaintiffs are granted a stay of execution of the judgment pending the hearing of their appeal.
Authorities cited
Legislation (1)
- Civil Procedure Act (Cap 21)
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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