Nurani & another (Suing as the legal administrators of the Estate of Sadrudin Shamsudin Ismail Nurani) v Gulam & 2 others (Environment & Land Case 596 of 2014) [2025] KEELC 682 (KLR) (20 February 2025) (Ruling)

Facts

The 2nd Defendant/Applicant seeks a stay of execution of a June 2024 judgment and decree, claiming the Plaintiffs had knowledge of the suit property's existence and subsequent sale as early as 2003, and the Plaintiffs' suit was time barred.

Issues

1. Whether the 2nd Defendant/Applicant has satisfied the conditions warranting the grant of a stay of execution pending appeal.
2. Whether the Plaintiffs have knowledge of the suit property's existence and subsequent sale as early as 2003, and if the Plaintiffs' suit was time barred.

Reasoning

The court applies the provisions of Order 42 Rule 6 of the Civil Procedure Rules, finding that the 2nd Defendant/Applicant has not demonstrated substantial or irreparable harm that would result if the orders sought are not granted.

Outcome

The motion for stay of execution pending appeal is denied.

Authorities cited