Martha Chelal & another (Legal representatives of the Estate of Kipyegomen Chelal) v Elijah Kipkemoi Boiywo & 2 others [2020] KEELC 3660 (KLR)
- Court
- Environment & Land Court
- Case number
- 3660
- Citation
- [2020] KEELC 3660 (KLR)
- Decided
- 30 January 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution of judgmentCoramNot explicitly named in the text
Holding
The court denied the application for stay of execution.
Facts
The plaintiffs filed a notice of appeal against a judgment directing the County Land Registrar to cancel the defendant's title in respect of LR. No MOIBEN/MOIBEN BLOCK 4 (TUGEN) 115. The defendant argued that the application for stay was not filed in a timely manner and that the appeal may render the stay order nugatory.
Issues
- Whether to grant a stay of execution of the judgment
- Whether the applicant has established substantial loss that would result from a refusal to grant the stay
Reasoning
The court found that the application for stay was not made in a timely manner and that the applicant did not establish substantial loss that would result from a refusal to grant the stay.
Outcome
Application for stay of execution denied
Orders
- No stay of execution granted
Authorities cited
Legislation (2)
- Order 42 Rule 6 of the Civil Procedure Rules
- Order XLI Rule 4 of the Civil Procedure Rules
Cases cited (2)
- Butt v Rent Restriction Tribunal (1982) KLR 417
- CARTER & SONS LTD. V. DEPOSIT PROTECTION FUND BOARD & TWO OTHERS (1997) Civil Appeal No. 291
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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