Esther Jepotip Cherekweny v Charles Kimutai Rotich & 2 others [2020] KEELC 2887 (KLR)
- Court
- Environment & Land Court
- Case number
- 2887
- Citation
- [2020] KEELC 2887 (KLR)
- Decided
- 6 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureAppeal from a judgment granting a stay of executionCoramS. M. KIBUN
Holding
The Court found that the Plaintiff has made a reasonable case for a stay of execution order pending appeal.
Facts
The Plaintiff sought to be registered with land parcel L. R. No. 12448/24 Eldoret Municipality on the basis of adverse possession since 1992. The Plaintiff's suit was previously decided in favor of the Defendants.
Issues
- Whether the 2nd Defendant has made a reasonable case for a stay of execution order pending appeal
- Who pays the costs
Reasoning
The Court considered the grounds of the motion, affidavit evidence, and submissions, and found that the Plaintiff has a reasonable case for a stay of execution order.
Outcome
The Court granted the stay of execution order pending appeal.
Orders
- Stay of execution of the judgment pending the hearing and determination of the appeal
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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