[2024] KEELC 4103 (KLR)
The court determined that since it had already rendered its substantive decision, it could only grant a temporary stay of execution to preserve the status quo pending appeal. The merits of the appeal are not to be addressed at this stage but are reserved for the Court of Appeal. The court exercised its discretion to...
Source-derived case information.
- Citation
- [2024] KEELC 4103 (KLR)
- Parties
- Plaintiff: Dreamers Limited; Defendant: Bhagisana Limited; Interested Party: Chief Land Registrar; Interested Party: Nairobi County Government
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 191 of 2019
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Post Judgment
- Outcome
- Stay of execution granted for 90 days from the date of the ruling; costs to the respondent; file closed.
- Judges
- LN Mbugua
- Legal Topics
- Stay of Execution, Post Judgment Relief, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dreamers Limited
Plaintiff
Bhagisana Limited
Defendant
Chief Land Registrar
Interested Party
Nairobi County Government
Interested Party
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Post Judgment
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the judgment delivered on 20.3.2024.
- 2 Whether the merits of the appeal can be canvassed at this court or only at the Court of Appeal.
Ratio Decidendi
The court determined that since it had already rendered its substantive decision, it could only grant a temporary stay of execution to preserve the status quo pending appeal. The merits of the appeal are not to be addressed at this stage but are reserved for the Court of Appeal. The court exercised its discretion to grant a stay of execution for 90 days from the date of the ruling, considering that a previous stay had already been granted for 30 days. Costs of the application were awarded to the respondent, and the file was ordered closed.
Court Disposition
Stay of execution granted for 90 days from the date of the ruling; costs to the respondent; file closed.
Orders
- An order of stay of execution of the judgment delivered on 20.3.2024 is granted for a period of 90 days from 16.5.2024.
- Costs of the application are awarded to the respondent.
Full Case Text
Judgment text and source record
23 paragraphs
Dreamers Limited v Bhagisana Limited; Chief Land Registrar & another (Interested Parties) (Environment & Land Case 191 of 2019) [2024] KEELC 4103 (KLR) (16 May 2024) (Ruling)
Neutral citation: [2024] KEELC 4103 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 191 of 2019
LN Mbugua, J
May 16, 2024
Between
Dreamers Limited
Plaintiff
and
Bhagisana Limited
Defendant
and
Chief Land Registrar
Interested Party
Nairobi County Government
Interested Party
Ruling
1. I have perused the application dated 19. 4.2024 where the applicant is seeking a stay of the judgment delivered on 20. 3.2024. I have also considered the responses filed there of inform of Ground of opposition and replying affidavit. Both parties desire to file witness statement as way of canvassing the application. I have a different opinion.
2. This is a situation whereby the court has rendered its substantive decision. The merits of the appeal can only be canvassed at the Court of Appeal.
3. Having regard to the judgment, and the fact that judge Wabwoto had given a stay for 30 days, I hereby grant an order of stay of execution of the said judgment for a period of 90 days from today. Costs to the respondent. The file is closed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 16TH DAY OF MAY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Shah for PlaintiffMuchiri for Defendant/ApplicantCourt assistant: Eddel