Owano v Jera (Environment and Land Appeal E015 of 2023) [2024] KEELC 1389 (KLR) (7 March 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1389
- Citation
- [2024] KEELC 1389 (KLR)
- Decided
- 7 March 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a consent order in a previous trialCoramGMA ONGONDO
Holding
The application is dismissed with costs, as the consent order cannot be set aside and the respondent is entitled to the fruits of the judgment.
Facts
The appellant, Dennis Okumu Owano, sought to make payments of Kshs.25,000/= on each succeeding day of each month commencing on 5th February 2024 until the whole decretal sum was paid. The respondent, Nathaniel Oyugi Jera, was the successful litigant.
Issues
- Whether the consent order can be set aside
- Whether the appellant's right to suspend the payment can be suspended
Reasoning
The court finds that the appellant was committed to civil jail and there is no basis for suspending the respondent's right to the judgment's fruits.
Outcome
Appeal dismissed
Orders
- Application dismissed with costs
Authorities cited
Cases cited (2)
- Flora Wasike-vs-Destimo Wamboko (1988) KLR 429
- National Bank of Kenya Ltd-vs-Pipe Plastic Samkolit Ltd and another (2002) EA 503
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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