Nyariki & another (Suing as the Administrators of Estate of Henry Nyariki Okara) v Sani & 4 others (Environment and Land Appeal E013 of 2024) [2026] KEELC 1420 (KLR) (11 March 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1420
- Citation
- [2026] KEELC 1420 (KLR)
- Decided
- 11 March 2026
Summary at a glance
TypeLand Dispute AppealPostureAppeal from the judgment and decree of the Chief Magistrate's Court at KerokaCoramD. O. OHUNGO
The application for stay of execution pending appeal is dismissed.
Facts
The appellants are the administrators of the estate of Henry Nyariki Okara. They filed a notice of appeal against a judgment and decree from the Chief Magistrate's Court in Keroka. The decree involved the establishment of a public road in the suit property, which is land registration number Gesima Settlement Scheme/93.
Issues
- Whether stay of execution pending appeal should be granted
- Who bears the burden of proof for the stay of execution
Reasoning
The judgment and decree did not command any party to do or refrain from doing anything, and there is nothing in them that can be executed or stayed.
Outcome
The application is dismissed with costs to the First and Fifth Respondents.
Orders
- Application dismissed with costs
Authorities cited
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