Ng’inja v Gudah (Environment and Land Appeal E021 of 2025) [2025] KEELC 5127 (KLR) (8 July 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5127
- Citation
- [2025] KEELC 5127 (KLR)
- Decided
- 8 July 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a Rent Restriction Tribunal OrderCoramSO OKONG'O
Holding
The Appellant’s application for a stay of execution is dismissed with costs to the Respondent.
Facts
Dorothy Ng’inja is a tenant of Augustine O Gudah's residential premises known as Five M. Flats in Bondo Sub-County, Siaya County. Ng’inja filed a suit against Gudah at the Rent Restriction Tribunal seeking an injunction to prevent eviction and restoration of electricity and water. Gudah denied harassment and claimed Ng’inja refused to vacate the property despite several notices.
Issues
- Whether Ng’inja’s application for a stay of execution of the Tribunal’s order was brought within a reasonable time
- Whether Ng’inja would suffer substantial loss if the stay was not granted
Reasoning
The application was brought after the expiry of the time given by the Tribunal, and there is no evidence of substantial loss to the Appellant if the stay is not granted.
Outcome
Appeal dismissed
Orders
- The Appellant’s application for a stay of execution is dismissed
Authorities cited
Cases cited (1)
- Kenya Shell Limited v. Karuga (1982 – 1988) I KAR 1018
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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