Hellen Auma Ojuok v Mary Omollo Odongo & another [2021] KEELC 3397 (KLR)
- Court
- Environment & Land Court
- Case number
- 3397
- Citation
- [2021] KEELC 3397 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution pending appealCoramHonourable Justice A.O Ombwayo
Holding
The application is granted, and a stay of execution is granted pending the hearing and determination of the intended appeal.
Facts
The Court delivered a judgement on 13/03/20 transferring a title in the name of the plaintiff. The applicants filed an appeal on 02/07/20 but the respondent opposes the application for stay of execution.
Issues
- Whether the applicants' appeal is arguable
- Whether the applicants' notice of appeal was filed within the statutory timelines
Reasoning
The Court grants the application as the applicants have an arguable appeal and the respondent will suffer no prejudice if the stay is granted.
Outcome
Application granted
Orders
- Stay of execution pending the hearing and determination of the intended appeal
Remedies
- Maintain the status quo
Authorities cited
Legislation (2)
- Civil Procedure Act
- Court of Appeal Rules, 2010
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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