Republic v Director Land Administration Ministry of Lands and Physical Planning & 2 others; Roysa Community Development Society Ltd (Exparte) (Environment and Land Judicial Review Case 008 of 2020) [2022] KEELC 15741 (KLR) (28 March 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 15741
- Citation
- [2022] KEELC 15741 (KLR)
- Decided
- 28 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Stay of ExecutionCoramEK WABWOTO
Holding
The application is dismissed with costs, as the applicants have not met the conditions precedent set out under Order 42 Rule 6 of the Civil Procedure Rules.
Facts
The applicants sought a stay of execution of a judgment dismissing their notice of motion, arguing that they would suffer substantial loss if the stay was denied.
Issues
- Whether the application for stay of execution is merited.
- Whether the applicants have demonstrated substantial loss likely to be suffered if the stay is denied.
Reasoning
The court considered the principles guiding the decision on applications for stay of execution and found that the applicants did not satisfy the conditions for a stay.
Outcome
Application dismissed with costs
Orders
- Application dismissed with costs
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (5)
- Jajbhay v Cassim
- Century Oil Trading Company Ltd vs Kenya Shell Limited
- Western College of Arts and Applied Sciences v Oranga
- Kaushik Panchamatia & 3 Others v Prime Bank Limited
- Siegfried Busch V MCSK
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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