Sarich & another v Marigi & 4 others (Environment and Land Appeal E048 of 2024) [2025] KEELC 446 (KLR) (5 February 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 446
- Citation
- [2025] KEELC 446 (KLR)
- Decided
- 5 February 2025
Summary at a glance
TypeAppealPostureAppellants seek an order of stay of execution of the judgment and decree of the Magistrate's Court appealed from.CoramM.D. MWANGI
The application is allowed, and an order of stay of execution is issued pending the hearing and determination of the appeal.
Facts
The Appellants claim they will suffer irreparable loss if the stay of execution is not granted, and that the appeal will be rendered nugatory without it.
Issues
- Whether the application merits issuance of an order of stay of execution pending appeal.
Reasoning
The court finds that substantial loss may result to the Appellants unless the stay is granted, and that the application was made without unreasonable delay.
Outcome
The application is allowed.
Orders
- An order of stay of execution of the judgment and decree of Hon. Helen C. Maritim is issued pending the hearing and determination of the appeal before this court.
Remedies
- No prejudice will be suffered by the Respondents.
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