Odongo v Olondo & 3 others (Environment and Land Case Civil Suit 108 of 2013) [2025] KEELC 7123 (KLR) (16 October 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 7123
- Citation
- [2025] KEELC 7123 (KLR)
- Decided
- 16 October 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous judgmentCoramSO OKONG'O
Holding
The application for a stay of execution is dismissed with costs to the plaintiff
Facts
Odongo brought a suit against Olondo and three others, alleging that they unlawfully entered and buried a deceased person on the suit property and constructed structures on it.
Issues
- Whether the defendants should be granted a stay of execution pending appeal
- Whether the defendants would suffer substantial loss if the stay is not granted
Reasoning
The court found that the 2nd defendant was not in occupation of the suit property and did not order his eviction. The court also determined that the 2nd defendant did not demonstrate substantial loss would ensue if the stay is not granted.
Outcome
Appeal dismissed
Orders
- Application for stay of execution dismissed
Remedies
- Costs to the plaintiff
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (2)
- Halai & another v Thornton & Turpin (1963) Ltd [1990] KECA 65 (KLR)
- 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.
Loading judgment…