Benard Oduor Radier v Festo Owino Omollo & another [2020] KEELC 2358 (KLR)
- Court
- Environment & Land Court
- Case number
- 2358
- Citation
- [2020] KEELC 2358 (KLR)
- Decided
- 12 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks a stay of execution of a judgment pending appealCoramMeoli, J
Holding
The court has jurisdiction to entertain the application for stay of execution
Facts
Appellant filed a land case seeking nullification of parcels SIAYA/NYANDIWA/3818 and 3819, which were subdivisions from SIAYA/NYANDIWA/2022. The 1st Respondent fraudulently subdivided the original parcel into these parcels and transferred it into his name. The Appellant filed an appeal against the judgment, but it is still pending.
Issues
- Whether the court has jurisdiction to entertain the application
- Whether the application for stay of execution can be made to this court without a similar application having been first considered by the court appealed from
Reasoning
The court held that the application for stay pending appeal can be considered by the court to which the appeal is preferred, even if a similar application has not been first considered by the court appealed from.
Outcome
The court granted the application for stay of execution
Orders
- Stay of execution of the judgment and decree pending the hearing and final determination of the Appellant’s appeal
Remedies
- Stay of execution of the judgment and decree
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Patrick Kalava Kulamba & another v Philip Kamosu and Roda Ndanu Philip (Suing as the Legal Representative of the Estate of Jackline Ndinda Philip (Deceased) [2016] eKLR
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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