Virginia N Ndungu & another v Samson Waweru & another; Esther Njeri Waweru (Intended Third Party) [2021] KEELC 2598 (KLR)
- Court
- Environment & Land Court
- Case number
- 2598
- Citation
- [2021] KEELC 2598 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureAppeal from a dismissal of adverse possession claimCoramJ G KEMEI
Holding
The application for stay of execution is dismissed with costs.
Facts
The Plaintiffs filed a Notice of Motion seeking to stay execution of a Judgment dismissing their claim for acquisition of title by way of adverse possession.
Issues
- Whether the Plaintiffs established substantial loss to justify a stay of execution.
- Whether the application was filed in a timely manner.
- Whether the Plaintiffs provided security for the due performance of the decree.
Reasoning
The Court found that the Plaintiffs did not establish substantial loss, the application was not filed in a timely manner, and they did not provide security for the due performance of the decree.
Outcome
Application dismissed
Orders
- Application for stay of execution dismissed
Remedies
- Costs to the Intended Third Party/Respondent
Authorities cited
Legislation (1)
- Limitation of Actions Act
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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