Okoth v Kutu & 2 others (Environment and Land Appeal E028 of 2023) [2025] KEELC 773 (KLR) (20 February 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 773
- Citation
- [2025] KEELC 773 (KLR)
- Decided
- 20 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks stay of execution of the trial court's judgement and stay of assessment of the 1st Respondent's bill of costs pending hearing and determination of the intended appeal to the Court of Appeal.CoramE. ASATI
Holding
The application is improperly before the court and the court does not stay execution of the judgement of the lower court.
Facts
The appellant, Penina Akinyi Okoth, is dissatisfied with the judgement of the lower court and has lodged a Notice of Appeal. The 1st Respondent, George Otieno Kutu, opposes the application.
Issues
- Whether the application is improperly before the court.
- Whether the court should stay execution of the judgement of the lower court pending the appeal to the Court of Appeal.
Reasoning
The court finds that the application is improperly before the court and does not have the power to stay execution of the judgement of the lower court pending the appeal to the Court of Appeal.
Outcome
The application is dismissed.
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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