John Mark Wandolo v Paul Ng'ang'a Nage [2021] KEELC 2177 (KLR)
- Court
- Environment & Land Court
- Case number
- 2177
- Citation
- [2021] KEELC 2177 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution pending appealCoramM. A. Odengo
Holding
The application for stay of execution is granted.
Facts
The defendant/applicant seeks a stay of execution of the judgment and decree of the Environment and Land Court Case No. 213 of 2014, and the consequential orders, pending the hearing and determination of the intended appeal.
Issues
- Whether the applicant will suffer substantial loss if the orders are not granted.
- Whether the application was filed timeously.
Reasoning
The court finds that the applicant will suffer substantial loss if the orders are not granted, and that the application was filed timeously.
Outcome
The application for stay of execution is granted.
Orders
- Stay of execution of the judgment and decree of the Environment and Land Court Case No. 213 of 2014, and the consequential orders, pending the hearing and determination of the intended appeal.
- Deposit the title to the suit land in court within the next 14 days and not to part with possession pending the hearing and determination of this suit.
Remedies
- Preservation of the suit land.
Authorities cited
Cases cited (6)
- C v. Stephen Reuben Karunditu
- Carter & Sons Ltd v. Deposit Protection Fund Board
- Socfinac Company Limited v. Nelphat Kimotho Muturi
- Vishram Ravji Halai v. Thornton & Turpin
- Regional Institute of Business Management v. Lucas Ondong' Otieno
- Utalii Transport Company Limited & 3 others v. NIC Bank & Another
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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