Okong’o v Kiguru (Environment and Land Appeal E111 of 2024) [2025] KEELC 4111 (KLR) (20 May 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4111
- Citation
- [2025] KEELC 4111 (KLR)
- Decided
- 20 May 2025
Summary at a glance
TypeAppealPostureApplication for stay of execution pending hearing and determination of an appealCoramJA MOGENI
The Applicant's Application for stay of execution is allowed, pending hearing and determination of the appeal.
Facts
The Applicant sought a permanent restraint against the Respondent from entering, encroaching upon, trespassing, or interfering with the Applicant's possession and physical occupation of Plot V7329. The Respondent counter-claimed to be the rightful registered proprietor of the property. The Applicant was ordered to pay Kshs. 2,500,000 for trespass on the suit property.
Issues
- Whether the Applicant has made up a case for being granted an order of stay of the decision of the lower court
Reasoning
The Court found that the Applicant has not satisified the conditions for granting the stay, but granted the stay on condition that the Applicant deposits Kshs. 200,000 as security.
Outcome
The Applicant's Application for stay of execution is allowed.
Orders
- Stay of execution of the Judgment delivered on 15/07/2024 is granted pending hearing and determination of the appeal
Remedies
- Security of Kshs. 200,000
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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