Samwel Gisiora Ogoti v Seventh Day Adventist Church (E.A) Ltd & 2 others [2020] KEELC 3136 (KLR)
- Court
- Environment & Land Court
- Case number
- 3136
- Citation
- [2020] KEELC 3136 (KLR)
Summary at a glance
TypeAppealPostureAppellant seeks a stay of execution of the orders of the Keroka PM’s courtCoramJ. M ONYANGO
The application is dismissed and the Appellant’s Notice of Motion is stayed pending the hearing and determination of the application in the lower court.
Facts
Appellant seeks a stay of execution of the orders of the Keroka PM’s court issued on 11th December 2019 in Keroka PMELC Case no. 26 of 2018, which declared the 1st defendant the registered proprietor of Land Parcel Number Gesima Settlement Scheme /482 and ordered the Appellant to vacate the said parcel of land.
Issues
- Whether the Appellant has met the conditions for a stay of execution pending appeal
- Whether the Appellant’s appeal has a high chance of success
Reasoning
The court found that the Appellant has not met the conditions for a stay of execution pending appeal and that the intended appeal is not rendered nugatory.
Outcome
Appeal dismissed
Orders
- The application is dismissed
- The Notice of Motion is stayed pending the hearing and determination of the application in the lower court
Authorities cited
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