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Titus Ng’ang’a Kamuyu v Joseph Gitagia Mutheki & Mutheki Muchonjoru [2020] KEELC 2617 (KLR)

[2020] KEELC 2617 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
2617
Citation
[2020] KEELC 2617 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeEviction and Stay of ExecutionPostureAppeal and Motion for Stay of ExecutionCoramD. O. OHUNGO
The court grants a stay of execution pending appeal and orders eviction if the stay is not complied with.

Facts

The plaintiff filed a Notice of Motion for eviction and security, while the 1st defendant filed a Notice of Motion seeking a stay of execution of the decree.

Issues

  • Stay of execution pending appeal
  • Eviction order

Reasoning

The court grants the stay due to the risk of substantial loss to the 1st defendant if the appeal is not heard, and orders eviction if the stay is not complied with.

Outcome

Appeal granted, stay of execution granted, eviction order issued

Orders

  • Stay of execution pending appeal
  • Order for eviction if stay is not complied with
  • Taxed costs awarded to plaintiff
  • Security deposit required

Remedies

  • Stay of execution
  • Eviction order

Authorities cited

Legislation (2)
  • Land Act, 2012
  • Civil Procedure Rules, 2010
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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