Peter King’ori v Caroline Akinyi Oloo & another [2020] KEELC 3407 (KLR)
- Court
- Environment & Land Court
- Case number
- 3407
- Citation
- [2020] KEELC 3407 (KLR)
- Decided
- 27 January 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an order of contemptCoramC.K. YANO
Holding
The appeal is allowed and the orders are stayed pending the hearing and determination of the appeal.
Facts
The appellant was arrested and ordered to appear before court for contempt of court, but later filed an appeal. The respondents opposed the appeal, claiming it was premature.
Issues
- Whether the appellant should be granted a stay of execution of the orders issued on 13/2/2019 in Mombasa CMCC Land Case No.41 of 2018 pending the hearing and determination of the appeal herein.
- Whether the appellant's appeal has substantial loss and should be rendered nugatory if the orders are allowed.
Reasoning
The court found the appeal has merit and the orders should be stayed to prevent the appeal from being rendered nugatory.
Outcome
Appeal allowed
Orders
- Stay of execution of the orders issued on 13/2/2019 in Mombasa CMCC Land Case No.41 of 2018 pending the hearing and determination of the appeal herein.
Remedies
- Costs of the application to abide the outcome of the appeal.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (2)
- Kenya Shell Limited -v- Benjamin Karuga Kigubu & Another (1982 - 1988) KAR 1018
- Absalom Dora -v- Turbo Transporters (2013) eKLR
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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