Wekesa & another v Milimo (Suing as the Administrator of the Estate of Andrew Milimo Mufutu) (Environment and Land Appeal E039 of 2024) [2025] KEELC 4251 (KLR) (29 May 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4251
- Citation
- [2025] KEELC 4251 (KLR)
- Decided
- 29 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand and Environment AppealPostureAppeal from a stay orderCoramEC CHERONO
Holding
The application for stay is granted, and the appellants are ordered to file their appeal within 30 days and prosecute it within 12 months.
Facts
The appellants (Wekesa & Simiye) sought a stay of execution of a lower court decree ordering their eviction from land parcel E.Bukusu/S.Kanduyi/4473. The lower court had previously ordered eviction on August 21, 2024, and granted a stay on condition of a security deposit.
Issues
- Whether to grant a stay pending appeal
- Whether substantial loss will result if the stay is not granted
Reasoning
The court found the application timely and that the appellants would suffer irreparable loss if the stay was not granted, thus granting the stay. The court also directed the appellants to fast-track the appeal and provide security.
Outcome
Appeal allowed
Orders
- Stay of execution granted
- Appellants to file appeal within 30 days
- Appellants to prosecute appeal within 12 months
Remedies
- Stay of execution pending appeal
Authorities cited
Legislation (3)
- Civil Procedure Act
- Land Act
- Order 42 Rule 6(1)
Cases cited (3)
- Butt v Rent Restriction Tribunal
- James Wangalwa & Another v Agnes Naliaka Cheseto
- Silverstein v Chesoni
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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