Wanzala v Okoth (Environment & Land Case 111 of 2017) [2023] KEELC 16367 (KLR) (23 March 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 16367
- Citation
- [2023] KEELC 16367 (KLR)
- Decided
- 23 March 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a negative orderCoramBN OLAO, Omollo, PLATT Ag.
Holding
The notice of motion is dismissed as it lacks merit.
Facts
The applicant, Stephen Jagongo Wanzala, sought a stay of execution against the respondent, James Otieno Okoth, based on the provisions of Order 42 Rule 6 of the Civil Procedure Rules.
Issues
- Whether the applicant has sufficient cause to seek a stay of execution
- Whether the applicant has approached the court without unreasonable delay
- Whether the applicant has demonstrated substantial loss
- Whether the judgment sought to be stayed is essentially a negative order not capable of being stayed
Reasoning
The applicant has not demonstrated substantial loss and has not offered any security. The judgment sought to be stayed is a negative order not capable of being stayed.
Outcome
The notice of motion is dismissed.
Orders
- Negative order is not capable of being stayed
- Order of stay of execution is not merited
Authorities cited
Legislation (1)
- Order 42 Rule 6 of the Civil Procedure Rules
Cases cited (1)
- Wycliffe Sikuku Wakusaka v Philip Kaita Wekesa 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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