Nyaisu & 2 others v Kilusu & 6 others (Environment and Land Appeal E008 of 2022) [2023] KEELC 724 (KLR) (2 February 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 724
- Citation
- [2023] KEELC 724 (KLR)
- Decided
- 2 February 2023
The court found that the present application is not res judicata and that the court should exercise its discretion to grant a stay of the trial court's orders pending appeal.
Facts
The 1st, 2nd, and 3rd Appellants (the Applicants) filed an application seeking a stay of the ruling in Kilgoris Elc Spm Case No 5 of 2022, which was delivered on October 6, 2022. The ruling pertained to boundary establishment in parcels of land.
Issues
- Whether the present application is res judicata
- Whether the court should exercise its discretion to grant a stay of the trial court's orders pending appeal
Reasoning
The court determined that the trial court's orders did not touch on any rights of the parties or the issues to be determined in the substantive suit, and thus, the court should exercise its discretion to grant a stay of the orders pending appeal.
Outcome
The court granted the stay of the trial court's orders pending appeal.
Orders
- Stay of the ruling of Hon Mary Immaculate Gwaro Moranga Spm In Kilgoris Elc No 5 of 2021 dated and delivered on the October 6, 2022 and all its consequential orders pending hearing of this application inter-partes.
- Stay of the ruling of Hon Mary Immaculate Gwaro Moranga Spm In Kilgoris Elc No 5 of 2021 and all its consequential orders pending hearing and determination of this Application.
- Stay of the ruling of Hon Mary Immaculate Gwaro Moranga Spm In Kilgoris Elc No 5 of 2021 and all its consequential orders pending hearing and determination of this Appeal.
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
Cases cited (2)
- RWW v EKW [2019] eKLR
- James Wangalwa & Another v Agnes Naliaka Cheseto [2012] eKLR
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