Wilfred Kibet Kanda & another v Benjamin Kiprotich [2021] KEELC 3882 (KLR)
- Court
- Environment & Land Court
- Case number
- 3882
- Citation
- [2021] KEELC 3882 (KLR)
Summary at a glance
TypeAppealPostureAppellants appeal from a lower court's refusal to grant an order for stay of execution pending appeal.CoramM. A. Odeny
The application for stay of execution is dismissed with costs.
Facts
The appellants filed an application for a stay of execution pending appeal, but the lower court declined to grant the order.
Issues
- Whether the appellants have made out a reasonable case for a stay of execution order pending the hearing and determination of the appeal.
- Whether the appellants have demonstrated that they will suffer substantial loss if the stay is not granted.
Reasoning
The court held that the appellants have not met the threshold for grant of stay of execution, as they have not demonstrated substantial loss and have not provided security for due performance of the decree.
Outcome
Appeal dismissed
Authorities cited
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