William Isaboke Onsare v Benjamin Kakuti Kisilu [2021] KEELC 4236 (KLR)
- Court
- Environment & Land Court
- Case number
- 4236
- Citation
- [2021] KEELC 4236 (KLR)
Summary at a glance
TypeCivilPostureAppeal from a judgment and decree dated 22nd November, 2019, with an application for stay of execution pending appealCoramY.M. ANGIMA
The court grants a stay of execution of the decree pending the appeal for a period of 2 years.
Facts
The 1st Plaintiff William Isaboke Onsare sought a stay of execution of the judgment and decree due to potential substantial loss and risk of the appeal being rendered nugatory. The 2nd Plaintiff Mary Wambui Ndung'u opposed the application.
Issues
- Substantial loss
- Unreasonable delay in filing the application
Reasoning
The court finds that the 1st Plaintiff will suffer substantial loss if evicted before the appeal is heard and that the appeal might be rendered nugatory if the property is unavailable. There was no unreasonable delay in filing the application.
Outcome
The court grants the 1st Plaintiff's application for a stay of execution of the decree.
Orders
- Stay of execution of the decree dated 22nd October, 2019 for 2 years
- 1st Plaintiff to file substantive appeal within 90 days
- Land Registrar Nyandarua to register an inhibition preventing any dealings with the suit property for 2 years
Remedies
- Stay of execution of the decree
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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