Omayo v Gusii Farmers Coffee Co-op Union Ltd & another (Environment & Land Case 1 of 2021) [2024] KEELC 489 (KLR) (31 January 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 489
- Citation
- [2024] KEELC 489 (KLR)
- Decided
- 31 January 2024
Summary at a glance
TypeLand DisputePostureAppeal from a Decree issued by the Environment and Land CourtCoramJM KAMAU
The court orders a stay of execution limited to the order of specific performance pending the outcome of the appeal. The Title Deed in respect of LR No. 7487/2 SIMBAUTI (now Gesima Block 1/Simbauti/167) is to be deposited in the court within 15 days from the date of the judgment.
Facts
The Plaintiff, Peter Ondari Omayo, claimed specific performance of a Decree granting him ten (10) acres of land from LR No. 7487/2 (Simbauti/167) in Borabu Constituency, Nyamira County. The Decree Holder, Gusii Farmers Coffee Co-op Union Ltd, appealed the Decree.
Issues
- Specific performance of the Decree
- Stay of execution pending appeal
Reasoning
The court balances the interests of the parties and the need to preserve the subject matter until the appeal is resolved. The court orders a stay of execution for the specific performance order to prevent the appeal from being rendered futile.
Outcome
The appeal is stayed pending the outcome of the appeal.
Orders
- Stay of execution limited to the order of specific performance pending the appeal
- Deposit of the Title Deed in respect of LR No. 7487/2 SIMBAUTI (now Gesima Block 1/Simbauti/167) within 15 days from the date of the judgment
Remedies
- Deposit of the Title Deed in respect of LR No. 7487/2 SIMBAUTI (now Gesima Block 1/Simbauti/167) within 15 days from the date of the judgment
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