Odhiambo v Sarman Group Company Limited (Environment and Land Appeal E028 of 2023) [2025] KEELC 323 (KLR) (23 January 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 323
- Citation
- [2025] KEELC 323 (KLR)
- Decided
- 23 January 2025
Summary at a glance
TypeLand and Environment AppealPostureAppeal from a decree in a land suitCoramFO NYAGAKA, Gicheru, Honourable, Judge Naikuni
The court granted the prayer for stay of execution of the decree issued in Homa Bay Chief Magistrate's Court land case No. 45 of 2022, subject to the applicant depositing Kshs 400,000 within 21 days and filing the certified copy of the decree appealed from within 14 days.
Facts
The Appellant brought an application seeking a stay of execution of a decree issued by a Chief Magistrate in the original land suit, claiming irreparable damage and loss due to his family's occupation of the suit land.
Issues
- Whether the stay of execution should be granted pending appeal.
- Whether the applicant had met or demonstrated the conditions for stay of execution of the decree.
Reasoning
The court found that the applicant had demonstrated the nature of substantial loss he would suffer, including eviction of his family from the land. The court also considered the applicant's willingness to provide security.
Outcome
Appeal granted with conditions
Orders
- Stay of execution of the decree issued in Homa Bay Chief Magistrate's Court land case No. 45 of 2022
- Deposit of Kshs 400,000 within 21 days
- Filing of the certified copy of the decree appealed from within 14 days
Remedies
- Stay of execution pending appeal
- Deposit of security
Authorities cited
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