Wangatho v Gacheche (Environment and Land Appeal 19 of 2024) [2025] KEELC 238 (KLR) (30 January 2025) (Ruling)

Facts

The Appellant, Charles Githemo Wangatho, runs a hotel and butchery business on Plot No. Karatina Town Block 1/145, which the Respondent, Marc Timothy Gacheche, seeks to evict. The Appellant claims substantial loss if the eviction order is not stayed.

Issues

1. Whether the Appellant's appeal has good chances of success
2. Whether the Appellant will suffer substantial loss if the eviction order is not stayed
3. Whether the Appellant has tendered evidence of substantial loss
4. Whether the Appellant has offered security for the due performance of the decree

Reasoning

The court considers the application for a stay of execution and finds that the Appellant has not tendered evidence of substantial loss and has not offered security for the due performance of the decree. However, the court grants the stay to preserve the subject matter in dispute.

Outcome

Order of stay of execution granted

Authorities cited