Tuyoto & 124 others v Chairman Limanet Group Ranch Committee & 3 others (Environment & Land Case 246 of 2017) [2023] KEELC 16758 (KLR) (16 March 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 16758
- Citation
- [2023] KEELC 16758 (KLR)
- Decided
- 16 March 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the Environment and Land Court at NarokCoramMN KULLOW
Holding
The court will grant a stay of execution pending the hearing and determination of the appeal on the condition that the applicant file the record of appeal within 60 days of this ruling.
Facts
The applicants sought a stay of execution of a judgment and decree of the court delivered on 17/3/2021 and other consequential orders, and costs of the application.
Issues
- Whether the trial court has the power to grant a stay of execution
- Whether the appeal is likely to be rendered nugatory if the stay is not granted
Reasoning
The court considers the appeal to be likely to be rendered nugatory due to the emotive nature of the case and the potential alteration of the subject matter of the appeal.
Outcome
Appeal granted with conditions
Orders
- Stay of execution pending the hearing and determination of the appeal
- Applicant to file the record of appeal within 60 days of this ruling
Remedies
- Stay of execution
Authorities cited
Legislation (1)
- Order 42 Rule 6 of the Civil Procedure Rules
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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