Mutegi Mugwetwa v County Ministry of Lands, Physical Planning Energy & ICTCounty Government of Tharaka Nithi & 5 others; Chuka Igambang’ombe DevelopmentAssociation (Interested Party) [2020] KEELC 3512 (KLR)
- Court
- Environment & Land Court
- Case number
- 3512
- Citation
- [2020] KEELC 3512 (KLR)
- Decided
- 24 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution pending appealCoramP. M. NJOROGE
Holding
The application for stay of execution is granted on condition that the applicant deposits Kshs.900,000 as security within 14 days. Costs are in the cause.
Facts
The applicant filed a Notice of Appeal against the judgment of the court, which directed him to structurally cut off part of a three-storey building allegedly encroaching on the road. The applicant claims that the judgment will render his appeal nugatory if the respondents proceed to execute the judgment.
Issues
- Whether the applicant is entitled to a stay of execution pending appeal
- The adequacy of the security offered by the applicant
Reasoning
The court found that the applicant's intended appeal has a high chance of success and that the applicant would suffer substantial loss if the judgment is executed. The court ordered the security to be tripled to Kshs.900,000.
Outcome
Application granted
Orders
- Stay of execution granted on condition that applicant deposits Kshs.900,000 as security within 14 days
Remedies
- Stay of execution pending appeal
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
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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