Joshua Kamoing v Simon Barchok, Daniel Barchok, Philip Kipsang Maritim & Florence Chepkwony (Sued in her Capacity as The Administrator of The Estate of Paul Kipyegon Chepkwony (Deceased) (Environment & Land Case 103 of 2017) [2021] KEELC 4624 (KLR) (28 January 2021) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4624
- Citation
- [2021] KEELC 4624 (KLR)
- Decided
- 28 January 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of execution of judgment pending appealCoramM.C. OUNDO
Holding
The application is incompetent and struck out with costs to the Respondent.
Facts
The Applicants filed an application seeking to stay the execution of a judgment and consequential orders pending an intended appeal.
Issues
- Whether the Applicants have the legal right to seek a stay of execution of the judgment pending appeal.
- Whether the application is made in good faith and without unreasonable delay.
Reasoning
The Court found the application incompetent as it was not made under the appropriate provision of the Civil Procedure Rules, and the Applicants did not demonstrate that their appeal is arguable or that the stay would be necessary.
Outcome
The application is struck out with costs to the Respondent.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Court of Appeal Rules 2010
- Civil Procedure Rules
Cases cited (1)
- Chris Munga N. Bichage v Richard Nyagaka Tongi & 2 Others [2013] eKLR
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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