Wamaitha (Suing as the Legal Representative as Litem of the Estate of Esther Wamaitha Mbugua (Deceased) v Chutha & 2 others; Family Bank (Third party) (Environment & Land Case 537 of 2008) [2022] KEELC 2812 (KLR) (29 June 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 2812
- Citation
- [2022] KEELC 2812 (KLR)
- Decided
- 29 June 2022
AI Summary
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TypeAppealPostureApplication for stay of execution of judgmentCoramMOGENI J
Holding
The applicant's Notice of Motion is hereby dismissed with costs to the plaintiff.
Facts
The plaintiff, Esther Wamaitha Mbugua, purchased land from Kenya Commercial Bank in 1988. The deceased former owner, James Njuguna Mira, filed a suit against the plaintiff and the bank, which abated in 2005. The plaintiff attempted to take possession of the land but faced trespassers. The plaintiff sought a stay of execution of the judgment.
Issues
- Whether the applicant will suffer irreparable harm if the stay of execution is not granted.
- Whether the applicant has established that he will suffer substantial loss if the stay is not granted.
Reasoning
The applicant has not demonstrated that he will suffer substantial loss if the stay of execution is not granted. The mere fact that land is concerned does not make any loss substantial.
Outcome
Appeal dismissed
Orders
- The applicant's Notice of Motion is hereby dismissed with costs to the plaintiff.
Authorities cited
Legislation (1)
- Civil Procedure Act Chapter 21 Laws of Kenya
Cases cited (3)
- Silverstein Vs Chesoni 20002 1 K.L.R 867
- Mukuma Vs Abuoga 1988 K.L.R 645
- Kenya Shell Ltd -Vs- Kibiru [1986] KLR 416
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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