Mary Wambui Munyori v Gabriel Njuguna Kanyua (the legal representative of Maria Wambui Kanyua) [2022] KEELC 2003 (KLR)
- Court
- Environment & Land Court
- Case number
- 2003
- Citation
- [2022] KEELC 2003 (KLR)
- Decided
- 20 January 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppellant sought a stay of execution of a judgment and a status quo order, while the Respondent opposed the application.CoramY. M. ANGIMA, ELC JUDGE
Holding
The court dismissed the Appellant's notice of motion and ordered it to be dismissed with no order as to costs.
Facts
The Appellant sought a stay of execution of a judgment dismissing her appeal against a Magistrate's Court judgment, claiming she would be evicted if the stay was not granted. The parties had occupied separate portions of the suit property since 1963.
Issues
- Whether the judgment can be stayed
- Whether the Appellant would suffer eviction if the stay was not granted
Reasoning
The court found the judgment cannot be stayed as it did not order any party to do or refrain from doing anything capable of being stayed. The court also determined the Appellant would not suffer eviction as the trial court did not issue an eviction order.
Outcome
Dismissed with no order as to costs
Orders
- The notice of motion is dismissed with no order as to costs
Authorities cited
Cases cited (1)
- Western College of Arts and Applied Sciences v Oranga & Others [1976] KLR 63
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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