Shelter And Cerdit Limited & another v Wanyee & 5 others (Environment and Land Miscellaneous Application E173 of 2022) [2023] KEELC 15982 (KLR) (9 March 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 15982
- Citation
- [2023] KEELC 15982 (KLR)
- Decided
- 9 March 2023
Summary at a glance
TypeMiscellaneous ApplicationPostureAppeal Out of Time and Stay of ProceedingsCoramAA OMOLLO, KLR Ringera
The application is allowed in terms of prayer (d) granting the Applicants leave to appeal. The time to appeal is extended by a period of 14 days from the date of this ruling wherefore the Applicants shall file and serve their memo of appeal within the period. Prayer (c) that sought stay of proceedings is dismissed.
Facts
Shelter And Cerdit Limited and Makini Security Services Limited filed a notice of motion seeking to appeal a lower court ruling and a stay of proceedings. They claimed the lower court's ruling was unjust and that the proceedings should be stayed to address the newly enjoined party.
Issues
- Right to appeal
- Stay of proceedings pending appeal
Reasoning
The court granted the appeal due to the Applicants' arguable and meritorious appeal and the lack of compelling reasons for denial. The stay of proceedings was declined as the court was not persuaded that the participation of the 6th Respondents would cause substantial loss.
Outcome
Appeal granted, stay of proceedings dismissed
Orders
- Grant leave to appeal
- Extend time to appeal by 14 days
- Dismiss stay of proceedings
Remedies
- Award costs to the 6th Respondent
Authorities cited
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