Charles Aura Ratiala v Jonathan Machembe Omune [2020] KEELC 3547 (KLR)
- Court
- Environment & Land Court
- Case number
- 3547
- Citation
- [2020] KEELC 3547 (KLR)
- Decided
- 19 February 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment and decree of the Environment and Land CourtCoramN.A. MATHEKA
Holding
The application is dismissed with costs as the appeal is not arguable and would not be rendered nugatory if unsuccessful.
Facts
The plaintiff/respondent, Charles Aura Ratiala, filed an application seeking a stay of execution of a court's decree and an exparte order. The defendant/applicant, Jonathan Machembe Omune, filed an appeal against the judgment and decree in the Kisumu Court of Appeal.
Issues
- Whether the application for stay of execution is arguable
- Whether the appeal, if successful, would be rendered nugatory
Reasoning
The court found that the appeal is not arguable and that the applicant has not demonstrated a sufficient cause for the stay. The court also noted that the plaintiff should enjoy the fruits of the judgment.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (4)
- Reliance Bank Ltd (In Liquidation) vs. Norlake Investments Ltd
- Chris Munga N. Bichange vs. Richard Nyagaka Tongi & 2 Others
- Mohamed Salim T/A Choice Butchery vs. Nasserpuria Memon Jamat
- Carter & Sons Ltd vs. Deposit Protection Fund Board
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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