Aggrey Musumba Amalanda v Elkana Buyengo Arona [2020] KEELC 3565 (KLR)
- Court
- Environment & Land Court
- Case number
- 3565
- Citation
- [2020] KEELC 3565 (KLR)
- Decided
- 20 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution pending appealCoramN.A. MATHEKA
Holding
The application for stay of execution is dismissed with costs.
Facts
The plaintiff/applicant has appealed against a judgment granting a decree to the defendant/applicant. The plaintiff/applicant is in physical occupation of the suit property and fears substantial loss if the decree is executed.
Issues
- Whether the appeal is arguable
- Whether the applicant will suffer substantial loss if the stay is not granted
Reasoning
The court finds the appeal not arguable and that the applicant has not demonstrated substantial loss if the stay is not granted.
Outcome
Application dismissed
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Constitution of Kenya 2010
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 & 2 Others
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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