Shilaro v Shilaro & another (Environment and Land Appeal E017 of 2022) [2025] KEELC 10 (KLR) (16 January 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 10
- Citation
- [2025] KEELC 10 (KLR)
- Decided
- 16 January 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the Senior Principal Magistrate's CourtCoramDO OHUNGO
Holding
The court grants a stay of execution of the judgment and decree pending hearing and determination of the respondents' appeal to the Court of Appeal, with a life of only 2 years.
Facts
The appellant, John Shilaro, appealed against a judgment and decree of the Senior Principal Magistrate's Court at Butali, which ordered the respondents to vacate a parcel of land and removed a caution registered against the land.
Issues
- Whether the court has the power to grant a stay of execution pending appeal
- Whether the respondents will suffer substantial loss if the stay is not granted
Reasoning
The court found merit in the respondents' application for a stay of execution, as they demonstrated that substantial loss would result if the stay was not granted and the application was made without unreasonable delay.
Outcome
The court granted the stay of execution.
Orders
- Stay of execution of the judgment and decree pending hearing and determination of the respondents' appeal to the Court of Appeal
- The stay orders shall remain in force for a period of only 2 years from the date of delivery of this ruling, unless otherwise extended in the Appellate Court
Remedies
- None
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
Cases cited (1)
- Kenya Shell Limited v Benjamin Karuga Kibiru & another [1986] 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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