Evans Asava Ambasa v Hamisi Kuti Wasike, Hadija Sagina Wasike & Jausiku Amisi Kuti (Environment & Land Case 49 of 2016) [2020] KEELC 2772 (KLR) (6 May 2020) (Ruling)
- Court
- Environment & Land Court
- Case number
- 2772
- Citation
- [2020] KEELC 2772 (KLR)
- Decided
- 6 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for Stay of Execution of JudgmentCoramHAMISI KUTI WASIKE
Holding
The application for stay of execution of the judgment is granted.
Facts
Evans Asava Ambasa is the plaintiff/respondent in this case. Hamisi Kuti Wasike, Hadija Sagina Wasike, and Jausiku Amisi Kuti are the defendants/applicants. The defendants/applicants have filed an appeal against the judgment and decree of the court.
Issues
- Whether the application for stay of execution of the judgment is justified due to the pending appeal.
- Whether the defendants/applicants have met the conditions for granting a stay of execution.
Reasoning
The court granted the stay of execution on the grounds that the defendants/applicants have filed an appeal with a reasonable chance of success and that the appeal would render the judgment nugatory if the stay is not granted.
Outcome
The application for stay of execution of the judgment is granted.
Orders
- A stay of execution of the judgment and all consequential orders and proceedings pending the hearing and determination of the appeal.
- Costs of the application are provided for.
Remedies
- Stay of execution of the judgment pending the appeal.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- Reliance Bank Ltd (In Liquidation) vs. Norlake Investments Ltd
- Chris Munga N. Bichange Vs Richard Nyagaka Tongi & 2 Others
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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