Muktar Dubow Hassan v Shamsa Haji Ismail & another [2020] KEELC 598 (KLR)
- Court
- Environment & Land Court
- Case number
- 598
- Citation
- [2020] KEELC 598 (KLR)
- Decided
- 21 October 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a stay of execution granted in a previous caseCoramL. KOMINGOI
Holding
The application is dismissed with costs to the 1st respondent
Facts
The appellant was granted a stay of execution pending appeal in a previous case, but did not pursue the appeal. The 1st respondent alerted the appellant to the dismissal of the appeal, and the appellant filed a new application for a stay of execution.
Issues
- Whether the appellant's application for a stay of execution is merited
- Whether the appellant's behavior in pursuing the appeal is justified
Reasoning
The court found that the appellant's application is an abuse of the court process and a delaying tactic, and that he has failed to demonstrate that he deserves the orders sought.
Outcome
Appeal dismissed
Orders
- The application is dismissed with costs to the 1st respondent
Authorities cited
Cases cited (7)
- Machira t/a Machira & Co. Advocates [2002] eKLR
- Ann Njeri Mwangi vs Muzaffer Musafee Essajee & Another [2014] eKLR
- Stephen Wanjohi vs Central Glass Industries Ltd Nairobi HCCC 6726 of 1991
- Antoine Ndiaye vs African Virtual University [2015] eKLR
- Trattoria Ltd vs Joaminah Wanjiku Maina [2013] eKLR
- Mukuma vs Abuoga [1988] KLR 645
- Butt vs Rent Restriction Tribunal [1982] KLR 417
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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