Yegon v Sang & another (Environment & Land Case 54 of 2008) [2024] KEELC 13292 (KLR) (21 November 2024) (Ruling)

Summary at a glance

Facts

The 2nd Defendant/Applicant seeks a stay of execution of a judgment granting her possession of a property, claiming substantial loss and unreasonable delay.

Issues

• Whether the 2nd Defendant/Applicant will suffer substantial loss if the stay is granted.
• Whether the application was made without unreasonable delay.
• Whether the 2nd Defendant/Applicant has provided security for the due performance of the decree.

Reasoning

The Court found the application was filed without unreasonable delay and that the 2nd Defendant/Applicant will suffer substantial loss if the stay is not granted. However, the Court also noted that imminent eviction is not proof of substantial loss.

Outcome

The application is granted.

Orders

• A stay of execution of the entire judgment is granted pending the hearing and determination of the appeal.
• The 2nd Defendant/Applicant is required to deposit Kshs. 500,000 as security for the due performance of the decree.

Remedies

• Stay of execution of the judgment pending appeal.
• Security deposit of Kshs. 500,000

Authorities cited