Ogodo v Okoth & 3 others (Environment and Land Appeal E001 of 2025) [2025] KEELC 8405 (KLR) (2 December 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 8405
- Citation
- [2025] KEELC 8405 (KLR)
- Decided
- 2 December 2025
Summary at a glance
TypeAppealPostureAppeal from a judgment of the Environment and Land CourtCoramAE DENA
The court grants a stay of execution of the decree of the trial court pending the determination of the appeal.
Facts
The applicant, Alice Jorim Ogodo, is seeking a stay of execution of an eviction order issued by the trial court in Bondo ELC Case No. E046 of 2023, which she claims will lead to her eviction from land parcel No. East Yimbo/ Nyamonye/1260.
Issues
- Whether the applicant has met the threshold for grant of the orders sought
- Whether substantial loss will result from the absence of the orders
Reasoning
The court considers the application under the provisions of sections 1A, 1B, and 3A of the Civil Procedure Act and Order 42 Rule 6 of the Civil Procedure Rules. The court grants the stay of execution as it is satisfied that substantial loss may result from the eviction and the application has not been made with unreasonable delay.
Outcome
The court grants the stay of execution of the decree of the trial court pending the determination of the appeal.
Orders
- Stay of execution of the decree of the trial court pending the determination of the appeal
Remedies
- Stay of execution of the decree of the trial court pending the determination of the appeal
Authorities cited
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