Omar & 7 others (Members of Vitsangalaweni Community) v Muhsin (Environment and Land Appeal E016 of 2025) [2025] KEELC 5806 (KLR) (31 July 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5806
- Citation
- [2025] KEELC 5806 (KLR)
- Decided
- 31 July 2025
Summary at a glance
TypeAppealPostureAppeal from a decree of the trial courtCoramYM ANGIMA
The court ordered a stay of execution of the decree and required the appellants to deposit Kshs.100,000 as security
Facts
The appellants are members of the Vitsangalaweni Community and filed an appeal against a decree of the trial court dated 07.03.2025 in MELC No. 1 of 2019. They sought a stay of execution of the decree pending the hearing and determination of their appeal.
Issues
- Whether the stay of execution of the decree should be granted
- What security should be deposited as a condition for the stay
Reasoning
The court found that the appeal raises substantial issues and that the appellants would suffer substantial loss without a stay, thus granting the stay.
Outcome
Appeal granted
Orders
- Stay of execution of the decree
- Deposit Kshs.100,000 as security
Remedies
- Stay of execution of the decree
Authorities cited
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