Tom Mboya Odhiambo v Sarman Group Co Ltd [2021] KEELC 935 (KLR)
- Court
- Environment & Land Court
- Case number
- 935
- Citation
- [2021] KEELC 935 (KLR)
Summary at a glance
TypeAppealPostureApplicant seeks stay of execution of ex parte decree pending appealCoramG M A Ongondo
The application is meritorious and the stay order is granted pending the hearing and determination of the appeal
Facts
Ex parte judgment was entered against the applicant on 18th November 2020, and an eviction notice was issued. The applicant seeks a stay of execution until the appeal is heard.
Issues
- whether the decree sought to be stayed is a negative order capable of stay
- whether the applicant has proved the conditions set for grant of orders
Reasoning
The court finds that there are special circumstances to make an order staying execution, and the applicant has an undoubted right of appeal.
Outcome
The application is granted
Orders
- The stay order sought in the application dated 9th April 2021 and filed in court on 12th April 2021 be and is hereby granted pending the hearing and determination of the present appeal
- Costs of the application be the costs in the appeal
Remedies
- Stay of execution of the ex parte decree pending the hearing and determination of the appeal
Authorities cited
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