Tormoi & another v Koech (Sued in his Capacity as the Trustee and Executor of the Estate of Kipngeno Arap Ngeny) & 3 others (Environment & Land Miscellaneous Case 23 of 2020 & Environment & Land Case 13 of 2019 (Consolidated)) [2023] KEELC 18525 (KLR) (6 July 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 18525
- Citation
- [2023] KEELC 18525 (KLR)
- Decided
- 6 July 2023
Summary at a glance
TypeMiscellaneousPostureApplication for stay of proceedings pending appealCoramMC OUNDO, Ringera
The application for stay of proceedings is dismissed as the applicants have not demonstrated a prima facie arguable appeal.
Facts
The applicants sought to have ex-parte proceedings and orders set aside, and then sought a stay of execution of the court's ruling on the grounds of a possible appeal.
Issues
- Whether the applicants have established a prima facie arguable appeal.
- Whether the application was filed expeditiously.
- Whether the applicants have established sufficient cause to the satisfaction of the court that it is in the interest of justice to grant the orders sought.
Reasoning
The court held that the applicants have not provided evidence of an arguable appeal and have not filed the necessary documents, thus failing to meet the criteria for a stay of proceedings.
Outcome
Application dismissed
Authorities cited
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