Peter Ndambiri Njagi v Quasim Hirsi Karah & 3 others [2022] KEELC 581 (KLR)
- Court
- Environment & Land Court
- Case number
- 581
- Citation
- [2022] KEELC 581 (KLR)
- Decided
- 24 March 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureNotice of Motion application for leave to appeal and stay of executionCoramL. KOMINGOI
Holding
Grant orders in terms of prayer 3, 4 and 5 of the notice of motion on condition that the Applicant do pay throw away costs to the 1st and 2nd Respondents of Kshs. 15,000 within 21 days from the date of this ruling. The costs of this application be borne by the Applicant.
Facts
The parties dispute ownership and title to the suit property. The applicant seeks leave to file an appeal out of time and a stay of execution pending the appeal.
Issues
- Ownership and title to the suit property
- Leave to appeal and stay of execution
Reasoning
The court finds merit in the application and grants the orders, subject to the costs condition.
Outcome
Grant of leave to appeal and stay of execution pending appeal
Orders
- Grant leave to appeal
- Grant stay of execution pending appeal
Remedies
- Throw away costs to the 1st and 2nd Respondents of Kshs. 15,000 within 21 days from the date of this ruling
- Costs of this application be borne by the Applicant
Authorities cited
Legislation (2)
- Civil Procedure Act
- Constitution of Kenya
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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