Rinyuru v Mbui (Environment and Land Appeal E021 of 2022) [2023] KEELC 17759 (KLR) (7 June 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 17759
- Citation
- [2023] KEELC 17759 (KLR)
- Decided
- 7 June 2023
The court issued an order to maintain the status quo and to stay the execution of the ruling made on 3rd August 2022 pending the hearing and determination of the appeal.
Facts
The appellant, Jackson Mwiti Rinyuru, filed an application seeking a stay of execution of a ruling by the Principal Magistrate Court at Nkubu, which had dismissed his application for stay of execution pending his appeal. The ruling, if executed, would have evicted Rinyuru and his family from their family land.
Issues
- Whether the applicant has met the threshold for grant of the orders of stay of execution sought
Reasoning
The court found that the applicant had demonstrated his dwelling on the suit property and that the execution of the lower court's order would result in irreparable loss and substantial harm to the applicant. The court also considered the applicant's submission that the appeal raises cogent points of law with a high probability of success.
Outcome
The application was granted.
Orders
- To maintain the status quo
- To stay the execution of the ruling made on 3rd August 2022 pending the hearing and determination of the appeal
Remedies
- To preserve the applicant's dwelling on the suit property and to prevent eviction
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (2)
- HGE v SM
- Consolidated Marine v Nampija & another
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