John Githui Gatua (suing as Personal Representative of Michael Kaburia Theuri (Deceased) v County Government of Turkana & another [2021] KEELC 2930 (KLR)
- Court
- Environment & Land Court
- Case number
- 2930
- Citation
- [2021] KEELC 2930 (KLR)
- Decided
- 9 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand CasePostureApplication for stay of execution of judgmentCoramMWANGI NJOROGE
Holding
The application for stay of execution is dismissed with costs to the plaintiff.
Facts
The plaintiff is the personal representative of the deceased Michael Kaburia Theuri. The 2nd defendant, Meja Lodung, filed a notice of appeal and sought certified copies of proceedings. The plaintiff applied for a stay of execution of the judgment pending the hearing and determination of the appeal.
Issues
- existence of an appeal
- timeliness of the application
- irreparable loss
Reasoning
The court found that there was an appeal in place, but the application was brought with inordinate delay. The court dismissed the application as the plaintiff failed to provide an explanation for the delay.
Outcome
Dismissed with costs
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.
Loading judgment…