Caleb K. Kipkorir Bett v Joseph Wanjau [2021] KEELC 2477 (KLR)
- Court
- Environment & Land Court
- Case number
- 2477
- Citation
- [2021] KEELC 2477 (KLR)
- Decided
- 21 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution of a decree or order pending appealCoramAg., Odunga
Holding
The application was dismissed as the applicant failed to demonstrate inordinate delay and substantial loss.
Facts
The plaintiff/applicant filed an application seeking a stay of execution of a judgment dated 11th December 2019 and related decrees, and other orders. The application was filed 14 months after the judgment was delivered.
Issues
- Whether the application was filed without inordinate delay
- Whether the applicant will suffer substantial loss if the stay of execution is not granted
Reasoning
The court found the application was filed with inordinate delay and the applicant did not demonstrate substantial loss. The court held that the applicant should have filed the application promptly and provided evidence of substantial loss.
Outcome
Application dismissed
Orders
- No stay of execution granted
Authorities cited
Legislation (1)
- Civil Procedure Rules, Order 42 Rule 6
Cases cited (3)
- Utalii Transport Company Ltd & 3 Others -vs- NIC Bank Ltd & Another 2014 eKLR
- Masisi Muita -vs- Damaris Wanjiku Njeri -Muranga Civil Appeal No. 107 of 2015 [2016] eKLR
- Kenya Shell Limited vs. Kibiru [1986] KLR 410
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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