Simon Maina v Njeri Karira [2007] KEHC 2601 (KLR)
- Court
- High Court of Kenya
- Case number
- 2601
- Citation
- [2007] KEHC 2601 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment granting a permanent injunction and declaring the defendant a trespasserCoramM. KOOME
Holding
The application for an order of stay of execution is dismissed with costs to the respondent
Facts
The plaintiff obtained a judgment in his favor, restraining the defendant from entering, ploughing, or erecting any structure on the suit land. The defendant appealed and sought an order of stay of execution pending the appeal.
Issues
- Whether the defendant has shown sufficient cause to be granted an order of stay of execution
- Whether the defendant will suffer substantial loss if the appeal is not granted
Reasoning
The court found that the defendant has not shown sufficient cause to be granted an order of stay of execution and that she has not suffered substantial loss. The court also noted that the judgment did not include an order of eviction.
Outcome
Appeal dismissed
Authorities cited
Cases cited (1)
- Mukuma vs Abuoga 1988 KLR 645
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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