Simon Wahome v Simon Waweru Macharia (Environment and Land Appeal 80 of 2019) [2021] KEELC 495 (KLR) (Environment and Land) (25 November 2021) (Ruling)
- Court
- Environment & Land Court
- Case number
- 495
- Citation
- [2021] KEELC 495 (KLR)
- Decided
- 25 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplicant seeks stay of execution pending appealCoramE.O. OBAGA
Holding
The Applicant's application has no merits and is dismissed with costs to the Respondent
Facts
The Applicant was a tenant of the Respondent in a business premises. The Respondent gave notice to terminate the tenancy, and the Applicant moved to the Business Premises Rent Tribunal.
Issues
- Whether the Applicant has met the threshold for grant of stay pending appeal
- Whether the Applicant will suffer substantial loss if stay is not granted
- Whether there is security given as may be binding upon the Applicant
Reasoning
The application was filed after an inordinate delay and the Applicant has not demonstrated that he will suffer substantial loss if stay is not granted. The issue of security is normally considered in a case where demonstration of substantial loss is shown.
Outcome
Dismissed
Orders
- The application is dismissed with costs to the Respondent
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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