SAMSON OLE TINA V CLERK, TRANSMARA COUNTY COUNCIL & ANOTHER (Civil Case 4 of 2007) [2012] KEHC 2084 (KLR) (12 September 2012) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2084
- Citation
- [2012] KEHC 2084 (KLR)
- Decided
- 12 September 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous judgmentCoramLordship Platt
Holding
The application is dismissed with costs
Facts
The plaintiff, Samson Ole Tina, sought 2 acres of land, but the court awarded him 5 acres. The 2nd defendant/applicant, Clerk, Transmara County Council, sought an urgent stay of execution of the decree pending an appeal to the Court of Appeal.
Issues
- Locus standi of Kerosi Ondieki & Co. Advocates to seek the orders prayed for
- Whether the applicant has made out a case for the order of stay
Reasoning
The court found that the applicant did not show substantial loss and that the delay in bringing the application was inordinate.
Outcome
Dismissed
Orders
- Application dismissed with costs
Authorities cited
Cases cited (1)
- Kenya Shell Case
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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