Fred K. Sabai, Richard Kipsoi, Daniel Kapkara, Daniel Chemaket & Eliud Sichei v District Land Adjudication & Settlment Office, Trans-Nzoia, Attorney General, Peter Chemaswet, Nathan Jindet Ndiwa, James Boiyo Bello, Robinson Chesboi, Barnaba K. Kiteywo, Wilfred M. Cheprot, Juma William Chemosit, Peter Kibarak Kibet, John Kapkara Masai & Stanley Kipkoech (Environment & Land Case 107 of 2012) [2019] KEELC 78 (KLR) (11 December 2019) (Ruling)
- Court
- Environment & Land Court
- Case number
- 78
- Citation
- [2019] KEELC 78 (KLR)
- Decided
- 11 December 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal PendingCoramMWANGI NJOROGE
Holding
The court grants a stay of execution pending appeal and orders the plaintiffs to deposit security for costs of the appeal.
Facts
The plaintiffs claim they have been in occupation of the disputed lands since 1996 and have invested their savings in the properties. The defendants have prepared for eviction and filed an appeal.
Issues
- Stay of execution pending appeal
- Security for costs of appeal
Reasoning
The court finds the application timely and the plaintiffs have explained the delay. The court orders security for costs as a condition for the stay.
Outcome
The application is granted.
Orders
- Order for security for costs of the intended appeal
Remedies
- Stay of execution pending appeal
Authorities cited
Legislation (2)
- Land Act
- Constitution of Kenya 2010
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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