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Orego & Odhiambo t/a Orego & Odhiambo Advocates v China Road & Bridge Corporation (Environment & Land Miscellaneous Case E118 of 2023) [2024] KEELC 7234 (KLR) (29 October 2024) (Ruling)

[2024] KEELC 7234 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
7234
Citation
[2024] KEELC 7234 (KLR)
Decided
29 October 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeApplication for Stay of Execution Pending AppealPostureApplication grantedCoramMD MWANGI
Holding

The application for stay of execution pending appeal is granted.

Facts

The client/applicant sought to stay the execution of a judgment dated May 9, 2024, pending the hearing and determination of an intended appeal to the Court of Appeal.

Issues

  1. Whether the client has satisfied the conditions for the grant of a stay of execution pending the hearing and determination of the intended appeal

Reasoning

The court considered two decisions on the issue of stay of execution pending appeal and applied the principles outlined in Order 42 Rule 6 of the Civil Procedure Rules.

Outcome

The application for stay of execution pending appeal is granted.

Orders

  • The court grants the application for stay of execution pending appeal

Remedies

  • The client is granted leave to appeal to the Court of Appeal against the whole of the ruling of this Honourable Court dated May 9, 2024

Authorities cited

Cases cited (1)
  • Tanui Robert & Another -vs- Jessica Adikinyi Afwande [2021] 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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