Paul Kamura Kirunge v John Peter Nganga [2019] KEELC 832 (KLR)
- Court
- Environment & Land Court
- Case number
- 832
- Citation
- [2019] KEELC 832 (KLR)
- Decided
- 8 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks to restrain the Respondent from selling, disposing of, or in any other way dealing with the property pending the hearing and determination of the appeal.CoramL. GACHERU
Holding
The Court finds the application merited and allows it with a condition that the Appellant provides Kshs.500,000 as security of costs within 30 days.
Facts
The Appellant filed an application seeking a stay of execution of the subordinate court's judgment and restraining the Respondent from selling the property. The Appellant was aggrieved with the subordinate court's judgment and appealed the delay in filing the application.
Issues
- Whether the Appellant's application for a stay of execution and restraining order is merited.
- Whether the Appellant should provide security for costs.
Reasoning
The Court finds the conditions of the subordinate court's judgment excessive and unfair, and that the Appellant's appeal has high chances of success.
Outcome
The Court orders the Appellant to provide Kshs.500,000 as security of costs within 30 days and directs the parties to prepare the appeal for hearing expeditiously.
Orders
- Ordering the Appellant to provide Kshs.500,000 as security of costs within 30 days.
- Directing the parties to prepare the appeal for hearing expeditiously.
Remedies
- Stay of execution of the subordinate court's judgment.
- Restraining the Respondent from selling the property.
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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