Rebecca Mwikali Jacob v Peter Nicholas Mutuku &2 others [2022] KEELC 792 (KLR)
- Court
- Environment & Land Court
- Case number
- 792
- Citation
- [2022] KEELC 792 (KLR)
- Decided
- 16 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for stay of execution of judgment pending appealCoramA. Nyukuri
Holding
The application for stay pending appeal is granted
Facts
The Plaintiff/Applicant is seeking a stay of execution of the judgment of eviction dated 24 April 2020, pending the hearing and determination of her appeal. She claims to have occupied the suit land for 37 years and has developed it extensively.
Issues
- Whether the Plaintiff/Applicant has met the threshold for grant of stay pending appeal
- Whether the application for stay was made without unreasonable delay
Reasoning
The court is satisfied that the Plaintiff/Applicant has met the threshold for grant of stay pending appeal, as evidenced by her occupation of the suit property and her right to appeal. The application was filed without unreasonable delay.
Outcome
Granted
Orders
- Stay of execution of the judgment entered on 24 April 2020 pending hearing and determination of the appeal
Remedies
- Stay of execution of the judgment
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Environment and Land Court Act
Cases cited (1)
- Vishram Ravji Halai vs Thornton & Turpin (1990) KLR 365
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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