Nyakora v Okune (Environment and Land Appeal E029 of 2022) [2023] KEELC 19094 (KLR) (27 July 2023) (Ruling)

Summary at a glance

Facts

The appellant, Godwin Crispin Nyakora, was awarded a decree in favour of him by the court. The respondent, Abdala Ogola Okune, is dissatisfied with the judgement and has appealed to the Court of Appeal. The appellant is now exposed to execution of the decree, which would render the appeal nugatory. The appellant is also at risk of eviction from the suit land.

Issues

• Whether the court can re-open the case after delivering a judgement in the appeal
• Whether the appellant is in danger of eviction
• Whether the application for an order of stay of execution is unreasonable

Reasoning

The court finds that the application has been made without unreasonable delay and that the appellant is not in danger of eviction. The ex parte orders given by the court have been overtaken by events as the appellant has been reinstated as the legal owner of the suit land.

Outcome

Appeal dismissed

Orders

• Order of stay of execution

Remedies

• Costs

Authorities cited