Solomon v Solomon & 3 others (Environment and Land Appeal E011 of 2024) [2024] KEELC 7038 (KLR) (23 October 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 7038
- Citation
- [2024] KEELC 7038 (KLR)
- Decided
- 23 October 2024
Summary at a glance
TypeLand DisputePostureAppeal from a motion for stay of executionCoramKANIARU
The court grants a stay of execution pending the hearing of the appeal, allowing the appellant to present his case and avoid the risk of his appeal being rendered nugatory.
Facts
The appellant, Evanson Nyaga Solomon, filed an appeal against a judgment in Runyenjes ELC No. 19 of 2018, which ordered the subdivision of his land parcel No. Kyeni/Mufu/717. The respondents, Bedan Njeru Solomon, Jefitha Njeru Solomon, Enosh Njeru Solomon, and Margaret Wanjagi Solomon, invaded the land and caused damage. The appellant fears his appeal will be rendered nugatory without the stay.
Issues
- Whether the court should grant a stay of execution pending the hearing of the appeal
- Whether the appellant has provided sufficient security for the stay
Reasoning
The court finds that the appellant is entitled to a stay of execution due to the substantial risk of irreparable damage to his appeal if the stay is not granted, and that the application was not made with unreasonable delay.
Outcome
The court grants the stay of execution.
Orders
- Stay of execution pending the hearing of the appeal
- Appellant to provide security as the court may direct
Remedies
- Stay of execution pending appeal
Authorities cited
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