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Omaido v Omunga & 11 others (Environment & Land Case 22 of 2015) [2024] KEELC 469 (KLR) (5 February 2024) (Ruling)

[2024] KEELC 469 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
469
Citation
[2024] KEELC 469 (KLR)
Decided
5 February 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous judgmentCoramFO NYAGAKA
Holding

The Court found the application merited and granted a stay of proceedings pending appeal.

Facts

The plaintiff, Jackson Ekim Omaido, sought an eviction order against 11 defendants. The defendants applied to set aside the proceedings, but their applications were dismissed. The 4th applicant wished to appeal, while the 1st defendant sought a stay of proceedings pending an appeal filed in Eldoret.

Issues

  1. Whether the application is merited
  2. Who to bear the costs of the Application

Reasoning

The Court exercised its discretion to grant the stay, considering the merits of the case and the interest of justice.

Outcome

The application was granted.

Orders

  • Stay of further proceedings pending appeal

Remedies

  • Stay of proceedings

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure Rules, 2010
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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