Reuben Kinoti Kanake v Eunice Karambu [2022] KEELC 1923 (KLR)
- Court
- Environment & Land Court
- Case number
- 1923
- Citation
- [2022] KEELC 1923 (KLR)
- Decided
- 26 January 2022
Summary at a glance
TypeAppealPostureAppellant seeks stay of execution of decree pending appeal.CoramHON. C.K. NZILI
The court denies the application for stay of execution.
Facts
Appellant claims to be in possession of the suit land and that execution is imminent, while the respondent argues the land is bare and not occupied by the appellant.
Issues
- Whether the appellant has demonstrated substantial loss from the impending execution.
- Whether the appellant has shown he is in occupation of the suit land.
Reasoning
The court finds the application was filed in a timely manner and the demonstration of substantial loss was not clear. The court also notes the respondent's claim that the land is not occupied by the appellant.
Outcome
Denied
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