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Odongo & 3 others v Onyango (Environment and Land Appeal E014 of 2014) [2023] KEELC 18838 (KLR) (19 July 2023) (Ruling)

[2023] KEELC 18838 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
18838
Citation
[2023] KEELC 18838 (KLR)
Decided
19 July 2023
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeAppealPostureRespondent appealed the trial court's judgmentCoramGMA ONGONDO
The application for stay of execution of the judgment in Ndhiwa MCELC/E023/2021 is allowed

Facts

The appellants are being evicted from land reference numbers Kanyamwa/Kabonyo/Kwandiku/1945 and 1576, which were awarded to the respondent by the trial court's judgment.

Issues

  • Stay of execution of the judgment in Ndhiwa MCELC/E023/2021
  • Costs of the application

Reasoning

The court has the power to grant interim preservation orders and stay of execution of judgment to preserve the integrity of the parcels of land in dispute pending the appeal.

Outcome

The application is allowed

Orders

  • Stay of execution of the judgment in Ndhiwa MCELC/E023/2021
  • Costs of the application to abide the outcome of this appeal

Authorities cited

Cases cited (2)
  • Vishram Ravji Halai and another v Thornton & Turpin [1963 Ltd] [1990] KLR 365
  • Board of Governors Moi High School Kabarak and another v Malcolm Bell [2013] eKLR
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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