Roh v Bhachu; Sang (Interested Party) (Environment and Land Appeal 5 of 2019) [2023] KEELC 812 (KLR) (16 February 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 812
- Citation
- [2023] KEELC 812 (KLR)
- Decided
- 16 February 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks stay of execution of judgment pending appealCoramMC OUNDO
Holding
The court grants the stay of execution of the judgment pending appeal, as the Applicant has established that he would suffer substantial loss if the stay is not granted.
Facts
Appellant Joshua Kibe Roh seeks stay of execution of judgment and decree of 30th July 2020, apprehensive of eviction by Respondent Avtar Singh Bhachu, pending appeal in Court of Appeal.
Issues
- Whether the Applicant has satisfactorily discharged the conditions warranting the grant of stay of execution of decree pending Appeal.
- What orders this Court should make
Reasoning
The court considers the conditions for granting a stay of execution pending appeal and finds that the Applicant has satisfied the conditions. The court grants the stay.
Outcome
Stay of execution granted
Orders
- Stay of execution of the judgment pending appeal granted
Remedies
- Stay of execution of the judgment pending appeal granted
Authorities cited
Legislation (2)
- Order 42 Rule 6 of the Civil Procedure Rules
- Civil Procedure Act
Cases cited (2)
- Consolidated Marine v Nampijja & Another
- Charles Wahome Gethi v Angela Wairimu Gethi
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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