Richard Nyongesa Mayamba v Jane Namono Meru [2021] KEELC 4221 (KLR)
- Court
- Environment & Land Court
- Case number
- 4221
- Citation
- [2021] KEELC 4221 (KLR)
- Decided
- 25 February 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous judgment dismissing the plaintiff's suit and allowing the defendant's counter-claimCoramBoaz N. Olao, Joy
Holding
The application for a stay of execution of the decree pending appeal is dismissed with costs
Facts
The plaintiff, Richard Nyongesa Mayamba, sued the defendant, Jane Namono Meru, over land parcel North Malakis/South Wamono/526. The defendant had acquired the land by adverse possession.
Issues
- Whether to grant a stay of execution of the decree pending an appeal to the Court of Appeal
- Whether the plaintiff has demonstrated substantial loss that would result from the stay being denied
Reasoning
The plaintiff failed to meet the conditions for a stay of execution: sufficient cause, substantial loss, security, and reasonable delay.
Outcome
The application is dismissed with costs
Orders
- The plaintiff's application for a stay of execution of the decree is dismissed with costs
Authorities cited
Cases cited (2)
- Order 42 of the Civil Procedure Rules
- KENYA SHELL LTD. v. BENJAMIN KIBIRU & ANOTHER (1986) KLR 410
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…