Uno & 3 others v Letshego Kenya Limited & 4 others (Environment and Land Case E299 of 2022) [2026] KEELC 507 (KLR) (5 February 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 507
- Citation
- [2026] KEELC 507 (KLR)
- Decided
- 5 February 2026
The plaintiffs/applicants' notice of motion is dismissed with costs, as it lacks merit and they have not demonstrated any substantial loss that they will suffer if the orders are not granted.
Facts
The plaintiffs filed a notice of appeal and an application for injunction at the Court of Appeal, seeking to extend the stay of execution of the judgment granted by this court. The 2nd defendant/respondent opposed the application, arguing that no substantive appeal had been filed and that the plaintiffs/applicants had only filed a miscellaneous civil application for stay of execution.
Issues
- Whether to grant an extension of the stay of execution of the judgment
- Whether the plaintiffs/applicants are engaging in forum shopping
Reasoning
The court found that the plaintiffs/applicants engaged in forum shopping and did not demonstrate any substantial loss that would be suffered if the orders were not granted. The court also noted that the plaintiffs/applicants have not filed a memorandum of appeal and that the doctrine of res judicata and res sub judice applies.
Outcome
Dismissed with costs
Authorities cited
Cases cited (1)
- Kenya Shell Limited v Benjamin Karuga Kibiru & another [1986] eKLR
Loading judgment…