Woodley Residents Welfare Association & 4 others v County Government of Nairobi & 2 others; Kenya National Human Rights Commission & 3 others (Interested Parties) (Environment & Land Petition 1 of 2024) [2025] KEELC 3497 (KLR) (30 April 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3497
- Citation
- [2025] KEELC 3497 (KLR)
- Decided
- 30 April 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of taxation proceedings pending appealCoramJG KEMEI
Holding
The application for stay of taxation proceedings pending the appeal is dismissed.
Facts
Woodley Residents Welfare Association and four others filed an application seeking a stay of execution of the order dated 7/10/2024 regarding costs awarded to the 1st Respondent and 4th Interested Party, and a stay of further proceedings in taxation of party and party Bill of Costs.
Issues
- Whether there should be a stay of taxation of Bills of Costs proceedings pending the outcome of the appeal
- Whether the Applicant has met the conditions necessary for grant of stay of execution and/or taxation proceedings pending the hearing and determination of the Intended Appeal
Reasoning
The Court found that the Applicant has not demonstrated substantial loss and has not provided security for the due performance of the decree or order that may ultimately be binding upon them. The Court also noted that the proceedings will not render the appeal nugatory.
Outcome
Application dismissed
Orders
- No order for stay of execution shall be made under sub rule (1) unless the court is satisfied that substantial loss may result to the applicant unless the order is made and that the application has been made without unreasonable delay
- The Applicant has not met the conditions necessary for grant of stay of execution and/or taxation proceedings pending the hearing and determination of the Intended Appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Deposit Protection Fund V Rosaline Njeri Macharia (2006) 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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