Odula v Wasianju (Enviromental and Land Originating Summons 7 of 2019) [2024] KEELC 6068 (KLR) (19 September 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 6068
- Citation
- [2024] KEELC 6068 (KLR)
- Decided
- 19 September 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decreeCoramEC CHERONO, Gikonyo
Holding
The application for stay of execution of the judgment and decree is dismissed with costs to the Respondent.
Facts
The Plaintiff, Odula, was aggrieved by the judgment and decree made on 23rd May, 2024, and has preferred an appeal to the Court of Appeal. The Defendant/Applicant, Wosianju, moved the court for a stay of execution of the judgment and decree pending the hearing and determination of the appeal.
Issues
- Whether the application for stay of execution of the judgment and decree is without merit.
- Whether the applicant has demonstrated substantial loss unless the orders sought are granted.
- Whether the applicant has given security for the due performance of the decree/order as may ultimately be binding on him.
Reasoning
The court found that the application was made without unreasonable delay, but the applicant failed to demonstrate substantial loss unless the orders sought are granted and did not give security for the due performance of the decree/order as may ultimately be binding on him.
Outcome
Appeal dismissed
Orders
- Application for stay of execution of the judgment and decree is dismissed with costs to the Respondent.
Authorities cited
Cases cited (1)
- James Wangalwa & another v Agnes Naliaka Cheseto (2012) 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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