Sophia Kemunto Omesa v Christine Kwamboka Nyakwara & another [2021] KEELC 1416 (KLR)
- Court
- Environment & Land Court
- Case number
- 1416
- Citation
- [2021] KEELC 1416 (KLR)
Summary at a glance
The application is lacking in merit and is hereby dismissed with costs to the Respondent.
Facts
The Applicant filed an appeal against a judgment dismissing her suit in Keroka CMELC No. 2/2019. The Respondents have filed their Bill of Costs which was fixed for taxation.
Issues
- Whether the Applicant has met the threshold for stay of execution pending the appeal.
- Whether this court can issue a stay of execution against a negative order.
Reasoning
The Applicant has not demonstrated substantial loss, provided security for costs, or filed the application without unreasonable delay. The court cannot grant a stay of execution against a negative order.
Outcome
Dismissed
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