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Ishmael Mangi Katana & 57 others v Kenya Pipeline Company Ltd [2020] KEELC 3384 (KLR)

[2020] KEELC 3384 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3384
Citation
[2020] KEELC 3384 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution pending appealCoramC.K. YANO
Holding

The application for stay of execution is dismissed with costs to the defendant.

Facts

The plaintiffs claim to have developed and constructed houses on PLOT NO.3794/VI/MN, while the defendant claims ownership of PLOT NO.4182/VI/MN. The defendant issued a notice to demolish the plaintiffs' houses on PLOT NO.4182/VI/MN.

Issues

  1. Whether the plaintiffs' appeal is arguable
  2. Whether the plaintiffs will suffer substantial loss if the stay is not granted

Reasoning

The court finds the application lacking in merit as the plaintiffs have not demonstrated substantial loss and the appeal is not arguable.

Outcome

Application dismissed

Orders

  • Application for stay of execution dismissed

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure Rules
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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