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STEPHEN MUCERU vs PETER NDUNGU KAMAU [1999] KEHC 158 (KLR)

[1999] KEHC 158 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
158
Citation
[1999] KEHC 158 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a High Court judgmentCoramM.A. ANG'AWA
Holding

The order granting a stay of execution pending appeal is still in existence and is allowed with costs to the applicant

Facts

The Plaintiff filed a suit seeking eviction of the Defendants from the suit land and restraining them from dealing with the land. The Defendants filed a defence stating they were reallocated to the land by the county council of Kiambu.

Issues

  1. Whether the application for stay of execution pending appeal was valid
  2. Whether the notice of appeal was filed in time

Reasoning

The court ruled that the order granting a stay of execution pending appeal was valid and granted the application with costs to the applicant.

Outcome

Appeal allowed

Orders

  • Order granting stay of execution pending appeal

Remedies

  • Costs to the applicant
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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