Mary Ajemo Gachiriga v Jephter O. Opande [2016] KEHC 2079 (KLR)
- Court
- High Court of Kenya
- Case number
- 2079
- Citation
- [2016] KEHC 2079 (KLR)
- Decided
- 26 October 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand CasePostureApplication for stay of execution pending appealCoramE. OBAGA
Holding
The application is dismissed with costs to the respondent.
Facts
The defendant/applicant, Jephter O. Opande, filed a notice of motion seeking a stay of execution pending appeal. The plaintiff, Mary Ajemo Gachiriga, had filed a suit against the defendant for eviction from the suitland. The plaintiff's claim succeeded, and the defendant's counter-claim was dismissed.
Issues
- Whether the applicant has satisfied the three conditions for a stay of execution pending appeal.
- Whether the applicant will suffer substantial loss if the stay is not granted.
Reasoning
The court found that the applicant did not demonstrate substantial loss and that the conditions for a stay of execution were not met.
Outcome
Application dismissed
Orders
- Application for stay of execution pending appeal dismissed
Authorities cited
Cases cited (1)
- Nairobi Court of Appeal Civil Appeal No 291 of 1997 between Carter & sons Ltd and Deposit protection Fund Board & 2 others
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.
Loading judgment…