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Melisa Buluma v Jane Adhiambo Tambo [2021] KEELC 2137 (KLR)

[2021] KEELC 2137 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
2137
Citation
[2021] KEELC 2137 (KLR)
Decided
30 July 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks stay of execution of judgment pending appealCoramGeorgine, Visram
Holding

The court granted the stay of execution pending appeal

Facts

Appellant was evicted from land parcel LR NO.16600 (Grant Number IR 59663) by the court on 4/9/2020. Appellant filed an appeal and a notice of motion for stay of execution.

Issues

  1. Whether the applicant has met the requirements to warrant stay of execution of the Court's judgment pending appeal
  2. Whether the applicant has an arguable appeal

Reasoning

The court granted the stay of execution pending appeal as the applicant has met the requirements and the application was not made with unreasonable delay.

Outcome

Stay of execution granted pending appeal

Orders

  • Stay of execution granted pending appeal

Remedies

  • Stay of execution granted pending appeal

Authorities cited

Legislation (2)
  • Civil Procedure Rules
  • Civil Procedure Act
Cases cited (5)
  • Halai and Another v Thornton & T Turpin (1963) Ltd
  • West Kenya Company Limited v Lurther Angatia
  • Butt v Rent Restriction Tribunal
  • Mangungu v National Bank of Commerce Ltd
  • Amal Hauliers Limited v Abdulnasir Abukar Hassan
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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