Tormoi (Suing as Personal Representative of the Estate of David Kiptormoi) v Saina (Suing as Personal Representative of the Estate of Joel Kipsaina Korir) (Environment & Land Case 90 of 2015) [2025] KEELC 1391 (KLR) (20 March 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1391
- Citation
- [2025] KEELC 1391 (KLR)
- Decided
- 20 March 2025
The Defendant/Applicant's application for a stay of execution is allowed, and leave is granted to the firm of J.K Bosek and Company Advocates to come on record for the Defendant/Applicant.
Facts
The Plaintiff and Defendant are personal representatives of estates. The Plaintiff sought a declaration and an order to dissolve a trust, while the Defendant/Applicant sought a stay of execution pending appeal.
Issues
- Whether the Defendant/Applicant's application for a stay of execution has merit.
- Whether there is a pending appeal before the Court of Appeal.
Reasoning
The court considered the application's merit and the criteria for granting a stay of execution pending appeal. The court found that the application was not filed without reasonable delay and that the Defendant/Applicant demonstrated substantial loss if the orders were not granted. However, the appeal before the Court of Appeal had lapsed.
Outcome
The application is allowed.
Orders
- Leave granted to the firm of J.K Bosek and Company Advocates to come on record for the Defendant/Applicant.
- Each party shall bear their own costs of the application.
Remedies
- Stay of execution pending appeal granted.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (2)
- RWW v EKW (2019) eKLR
- Absalom Dova v Tarbo Transporters (2013) eKLR
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