Republic v Chief Land Registrar, Registrar of Titles & Attorney General;Thika Wax Works Limited (Interested Party) Ex Parte;Block Seven Developers Limited (Environment and Land Judicial Review Case 17 of 2017) [2021] KEELC 4316 (KLR) (Environment and Land) (4 February 2021) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4316
- Citation
- [2021] KEELC 4316 (KLR)
- Decided
- 4 February 2021
Summary at a glance
TypeJudicial ReviewPostureApplication for stay of execution of judgmentCoramS. Okongo
The stay of execution is granted for 24 months or until the appeal is heard and determined, with a deposit of Kshs. 500,000 as security.
Facts
The ex-parte applicant won a judgment on May 5, 2020, which included orders to quash a decision to cancel the transfer of a property and to issue a provisional certificate of title. The interested party appealed the judgment and sought a stay of execution pending the appeal.
Issues
- Whether to grant a stay of execution of the judgment
- What security to require for the stay
Reasoning
The court found merit in the application due to the substantial loss the applicant would suffer if the orders were not stayed and the lack of security offered.
Outcome
The application for stay of execution is granted.
Orders
- Stay of execution for 24 months or until appeal is heard and determined
- Security deposit of Kshs. 500,000 in an interest-earning bank account
Remedies
- Stay of execution
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