Simon Gachoki Munyi v Alice Nyawira Mwangi & another [2019] KEELC 624 (KLR)
- Court
- Environment & Land Court
- Case number
- 624
- Citation
- [2019] KEELC 624 (KLR)
- Decided
- 14 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a strike out orderCoramY.M. ANGIMA
Holding
The court finds no merit in the Appellant’s notice of motion and dismisses it with costs to the 1st Defendant only.
Facts
The Appellant sought a stay of execution of a strike out order made by the court, claiming he was the registered proprietor of the suit property and would suffer substantial loss if the stay was not granted.
Issues
- Whether the Appellant has made out a case for a stay of execution pending appeal
- Whether an order for stay of execution is available with respect to a striking out order
Reasoning
The court ruled that an order for stay of execution is not available with respect to a striking out order, as there is nothing to be stayed in the circumstances since a striking out order cannot be stayed pending appeal.
Outcome
Appeal dismissed
Orders
- The Appellant’s notice of motion dated 25th January 2017 is hereby dismissed with costs to the 1st Defendant only.
Authorities cited
Cases cited (3)
- Western College of Arts & Applied Sciences Vs Oranga & Others [1976-80] KLR 78
- Kilindini Warehouses (K) Ltd & Another Vs Omar Saleh Said & Another [2014] eKLR
- Nairobi Civil Application No. Nai 219 of 2007 Sonalux Limited & Another Vs Barclays Bank of Kenya Ltd & 2 Others
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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