Atanasio M’ekandi v Antony Kaunga [2019] KEELC 712 (KLR)
- Court
- Environment & Land Court
- Case number
- 712
- Citation
- [2019] KEELC 712 (KLR)
- Decided
- 27 November 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment granting a stay of execution of a judgment and a conditional stay of execution for a period of one yearCoramHON. LUCY. N. MBUGUA, C/A: Kananu, Gatari R., Ayub A.
Holding
The court granted a conditional stay of execution of the judgment for a period of one year, with the defendant required to deposit Ksh.200,000 as security.
Facts
The plaintiff, Atanasio M'ekandi, sought an eviction of the defendant, Antony Kaunga, from his timber building premises. The defendant filed an appeal against the judgment and sought a stay of execution of the judgment pending the appeal.
Issues
- Whether to allow enforcement of the judgment
- Whether to grant a stay of execution pending the appeal
Reasoning
The court considered the substantial loss the defendant would suffer if the judgment was executed and the delay in filing the application for stay.
Outcome
The judgment was upheld with a conditional stay of execution.
Orders
- A stay of execution of the judgment delivered on 8/11/2018 and all subsequent orders is granted for a period of ONE YEAR from the date of delivery of this ruling.
- Defendant is to deposit security amounting to Ksh.200 000 into this court within 30 days from the date of delivery of this ruling failure to which the order for stay of execution shall lapse and execution shall proceed in terms of the prayers sought in the application dated 12.7.2019.
- The defendant is to meet all costs appertaining to and incidental to the application dated 12.7.2019 including auctioneer’s fees as well as the costs of the application dated 19.7.2019.
Remedies
- Conditional stay of execution of the judgment for a period of one year
Authorities cited
Legislation (2)
- Civil Procedure Rules (CAP 21)
- Auctioneers Rules, 1997
Cases cited (1)
- Butt v Rent Restriction Tribunal [1982] KLR 417
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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