Thamaini v Wangai & 2 others (Environment & Land Case E246 of 2021) [2022] KEELC 3654 (KLR) (5 May 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3654
- Citation
- [2022] KEELC 3654 (KLR)
- Decided
- 5 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for stay of execution pending appealCoramE. K. WABWOTO
Holding
The application is dismissed with no orders as to costs
Facts
The applicant, Ephraim Miano Thamaini, seeks an order of stay of execution of the ruling and decree of the court delivered on March 28, 2022, pending the hearing and determination of his appeal against that ruling. The suit was struck out with costs to the 1st and 2nd Respondents.
Issues
- Whether the applicant has established an arguable appeal
- Whether the order issued on March 28, 2022 is one that lends itself to an order for stay
Reasoning
The court found that the applicant's appeal is not frivolous but the order issued on March 28, 2022 is a negative order incapable of being stayed.
Outcome
Application dismissed
Authorities cited
Cases cited (2)
- Ishmael Kagunyi Thande v Housing Finance of Kenya Ltd Civil Application No. Nai 157 of 2006
- Kaushik Panchamatia & 3 other vs Prime Bank Limited & Another [2020] eKLR
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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