Springs Property Management Limited v Mwatsuma & 3 others; Ain Diab Investment Limited (Interested Party) (Land Case 237 of 2014) [2023] KEELC 21689 (KLR) (22 November 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 21689
- Citation
- [2023] KEELC 21689 (KLR)
- Decided
- 22 November 2023
Summary at a glance
TypeLand CasePostureAppeal from a negative orderCoramFM NJOROGE, Gikonyo
The court denied the application for a stay of execution, finding that the order was a negative order and not capable of execution, and that the applicant had not shown substantial loss that would be suffered without the stay.
Facts
Springs Property Management Limited filed an application seeking a stay of execution of a court order declaring the boundary between the plaintiff and defendants encroached. The court had previously issued a determination declaring the boundary.
Issues
- Whether the court should allow the applicant's application seeking to stay negative orders issued in form of a determination by this court.
- Whether there is sufficient cause for the application to be granted.
Reasoning
The court considered the principles of Order 42 Rule 6(2) of the Civil Procedure Rules and the case of Masisi Mwita v Damaris Wanjiku Njeri (2016) eKLR, concluding that the declaration of the boundary was not capable of execution and that the applicant had not demonstrated substantial loss.
Outcome
Denied
Orders
- The application for a stay of execution was denied.
Authorities cited
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