Priscilla Muhonja v Hesbon Jahonja [2020] KEELC 13 (KLR)
- Court
- Environment & Land Court
- Case number
- 13
- Citation
- [2020] KEELC 13 (KLR)
- Decided
- 30 April 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment of the Environment and Land CourtCoramHesbon Jahonja, Priscilla Muhonja
Holding
The application for a stay of execution pending the appeal is dismissed.
Facts
The plaintiff, Priscilla Muhonja, was sued in a case where a judgment was given against her. The defendant, Hesbon Jahonja, is dissatisfied with the judgment and intends to appeal to the Court of Appeal at Kisumu. The defendant has filed a notice of appeal and applied for proceedings to enable him to file the appeal.
Issues
- Whether the application for a stay of execution pending the appeal is valid.
- Whether the appeal is arguable and would be rendered nugatory if the stay is not granted.
Reasoning
The court found the application misconceived and not brought timeously. The appeal is not an arguable one and would not be rendered nugatory if the stay is not granted.
Outcome
The application for a stay of execution pending the appeal is dismissed.
Orders
- The application for a stay of execution pending the appeal is dismissed.
- The status quo on land parcel number Kakamega/Mudete/198 is maintained pending the hearing and determination of the defendant/applicant’s intended appeal to the Court of Appeal at Kisumu.
Authorities cited
Cases cited (2)
- Chris Munga N. Bichange Vs Richard Nyagaka Tongi & 2 Others
- Mohamed Salim T/A Choice Butchery Vs Nasserpuria Memon Jamat
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…