Selim (Legal representative of the Estate of Kimutai A Selim) v Cheboi & 10 others (Environment & Land Case 613 of 2013) [2023] KEELC 20623 (KLR) (5 October 2023) (Ruling)

Summary at a glance

Facts

The defendants have applied for a stay of execution of the judgment delivered on 29th June, 2023, pending the intended appeal to the Court of Appeal. The judgment was delivered in an Environment and Land Case 613 of 2013.

Issues

• Whether the application for stay of execution of the judgment is just and expedient in the interest of justice.
• Whether the intended appeal raises serious issues of law and has high chances of success.

Reasoning

The court finds that the applicant will suffer substantial loss if the stay is not granted, and the appeal has high chances of success. The court also considers the security provided by the applicant.

Outcome

The application for stay of execution of the judgment is granted.

Orders

• The court grants the application for stay of execution of the judgment pending the intended appeal to the Court of Appeal.
• The court orders the applicant to deposit all titles to the suit property which are in their possession in court within the next 90 days and a cash deposit of Kshs5,000,000/= as security for costs or in the alternative, to deposit a security of the value of Ksh 5, 000,000 failure of which the application stands dismissed.

Remedies

• Stay of execution of the judgment pending the intended appeal to the Court of Appeal.