Zakaria Muigai Gakibe v John Mwenja Ngumba & 4 others [2021] KEELC 324 (KLR)
- Court
- Environment & Land Court
- Case number
- 324
- Citation
- [2021] KEELC 324 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureNotice of Motion brought under sections 3A and 95 of Civil Procedure Act Cap 21 Laws of Kenya, order 50 rule 6 Civil Procedure Rules.CoramL. KOMINGOI
Holding
The application is dismissed with costs to the 1st, 3rd and 5th Defendants/Respondents.
Facts
The Plaintiff sought a stay of execution pending appeal and/or the application in the Court of Appeal. The court had previously granted a stay of execution for 45 days.
Issues
- Whether the application is merited.
- Whether the court has the authority to extend the stay of execution.
Reasoning
The application is brought under the wrong provisions of the law and there is no application for stay of execution pending appeal before the court.
Outcome
Dismissed
Orders
- The costs hereof be in the cause.
Authorities cited
Legislation (2)
- Civil Procedure Act Cap 21 Laws of Kenya
- Order 50 rule 6 Civil Procedure Rules
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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