Jeffer Shariff Omar & another v Omar Adan Sambul [2021] KEELC 2410 (KLR)
- Court
- Environment & Land Court
- Case number
- 2410
- Citation
- [2021] KEELC 2410 (KLR)
- Decided
- 27 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellants seek a stay of execution of the judgment in Kajiado CMCC 206 of 2017 pending the hearing and determination of the instant Appeal.
Holding
The court granted the stay of execution of the judgment in Kajiado CMCC 206 of 2017 pending the hearing and determination of the instant Appeal.
Facts
The Appellants claim they have substantial developments on the suit land and are threatened with eviction by the Respondent. They seek a stay of execution of the judgment in Kajiado CMCC 206 of 2017.
Issues
- Whether there should be a stay of execution of the judgment in Kajiado CMCC 206 of 2017 pending the hearing and determination of the instant Appeal.
- Whether the Appellants have demonstrated an arguable appeal.
Reasoning
The court granted the stay of execution as the Appellants claimed substantial loss and the appeal had a high chance of success. The court also considered the special circumstances of the case, including the large amount of rent in dispute and the Appellants' undoubted right of appeal.
Outcome
Granted
Orders
- Stay of execution of the judgment in Kajiado CMCC 206 of 2017 pending the hearing and determination of the instant Appeal.
- Costs of the application to be provided for.
Remedies
- Stay of execution of the judgment in Kajiado CMCC 206 of 2017 pending the hearing and determination of the instant Appeal.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (6)
- David Oyiare Ntungani v Matuiya Ole Naisuaki Orket (2017) eKLR
- Butt v Rent Restriction Tribunal (1979) eKLR
- Beatrice Ndunguri Mwai & Another v Sicily Wawira Titus & Another (2020) eKLR
- Josephine Koki Raymond v Philemon Kanini Maingi (personal representative of Maingi Musila Mutava – deceased) & Another (2018) eKLR
- Joseph Gitahi Gachau & Another v Pioneer Holdings (A) Ltd & 2 Others, Civil Application No. 124 of 2008
- Butt v 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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