Olutukei v King'ori (Environment and Land Appeal E011 of 2023) [2023] KEELC 16829 (KLR) (17 April 2023) (Ruling)

Facts

The appellant/applicant filed a suit against the respondent for orders to stop the respondent from issuing a demand notice to vacate the suit land. The respondent filed a statement of defence and counterclaim. The trial court dismissed the suit and ordered the appellant to vacate the suit property.

Issues

1. Whether the appellant's application for stay of execution pending appeal is made without unreasonable delay.
2. Whether the appellant will suffer substantial loss unless the orders sought are granted.
3. Whether the applicant has shown the existence of any factors that negate the very essential core of the appeal that has to be prevented by preserving the status quo.

Reasoning

The court found that the applicant took almost 14 days to make the application and lodge the appeal, which was not unreasonable. The court also found that the applicant did not demonstrate how he would suffer substantial loss if the order for stay is not granted.

Outcome

Appeal dismissed

Authorities cited