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Real Consultant Agencies Limited v Nguthi (Environment and Land Appeal 007 of 2023) [2024] KEELC 5458 (KLR) (16 July 2024) (Ruling)

[2024] KEELC 5458 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
5458
Citation
[2024] KEELC 5458 (KLR)
Decided
16 July 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplicant seeks stay of execution pending appealCoramMogeni, J, Mogeni, J, Mativo
Holding

The court grants the stay of execution pending appeal.

Facts

The applicant is a sub-tenant of the respondent's shop, and the respondent's application was dismissed by the Business Rent Tribunal. The applicant claims substantial loss and irreparable damage if the stay is not granted.

Issues

  1. Whether the applicant has demonstrated substantial loss
  2. Whether the application has been filed without unreasonable delay

Reasoning

The court finds the applicant has demonstrated substantial loss due to his heavy investment and strategic position in the business. The application was not filed without unreasonable delay.

Outcome

Stay of execution granted

Orders

  • Order for stay of execution pending appeal

Remedies

  • Stay of execution

Authorities cited

Cases cited (1)
  • Masisi Mwita v Damaris Wanjiku Njeri (2016) eKLR
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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