Michael Munene Kuburia &another; v Virginiah Muthoni Gachubi &another; [2020] KEELC 3246 (KLR)
- Court
- Environment & Land Court
- Case number
- 3246
- Citation
- [2020] KEELC 3246 (KLR)
- Decided
- 14 February 2020
Application for stay pending appeal is dismissed. Plaintiffs have not shown substantial loss that would render the appeal nugatory.
Facts
The plaintiffs are seeking a stay of the judgment and decree issued on 28 June 2019, which ordered them to vacate L.R. No. INOI/KIAGA/63 within six months. They claim the judgment is flawed and they have filed an appeal. The defendants argue that the plaintiffs have not established trust in the land.
Issues
- Substantial loss to plaintiffs if stay is not granted
- Whether plaintiffs' continued stay in the land after a finding of unlawful stay justifies a stay pending appeal
Reasoning
The court considers the applicants' continued stay in the respondents' land after a finding of unlawful stay as not a ground for stay pending appeal. The court does not find that the applicants have satisfied the court that they will suffer substantial loss unless the order of stay is granted.
Outcome
Application dismissed
Orders
- Application for stay pending appeal is dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order 42 Rule 6
Cases cited (3)
- Butt Vs Rent Restriction Tribunal (1982) K.L.R 417
- James Wangalina & Another Vs Agnes Wathiaka Cheseto (2012) e K.L.R
- Silverstein Vs Chesoni (2002) 1 K.L.R 867
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