Marion Kaari Mbui v Elisha Mbogo Nthiga [2019] KEELC 4080 (KLR)
- Court
- Environment & Land Court
- Case number
- 4080
- Citation
- [2019] KEELC 4080 (KLR)
- Decided
- 21 March 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks stay of execution of judgment pending appealCoramY.M. ANGIMA
Holding
The court grants the Defendant's application for a stay of execution of the judgment for a period of 2 years or until conclusion of the appeal, with conditions
Facts
Defendant filed a notice of appeal and sought a stay of execution of the judgment dated 25th October 2018, fearing the plaintiff might sell or charge the suit properties before the appeal is heard.
Issues
- Whether the Defendant has satisfied the legal requirements for the grant of stay of execution pending appeal
- Whether the Defendant has demonstrated substantial loss
Reasoning
The court considers the Defendant's application and finds merit in it, considering the risk of the intended appeal being rendered nugatory if the suit properties are alienated by the Plaintiff before the appeal is concluded.
Outcome
The court grants the Defendant's application for a stay of execution of the judgment
Orders
- Stay of execution of the judgment for a period of 2 years or until conclusion of the appeal
- Defendant to deposit original title deeds within 14 days
- Deputy Registrar to supply copies of proceedings and certified copy of decree for appeal
- Plaintiff to bear the costs of the application
Remedies
- Stay of execution of the judgment
Authorities cited
Legislation (2)
- Civil Procedure Act (Cap 21)
- Order 42 Rules 6 and Order 51 of the Civil Procedure Rules
Cases cited (2)
- Re Global Tours & Travels Ltd, Winding up Cause No. 43 of 2000
- Butt Vs Rent Restriction Tribunal [1979] eKLR
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…