[2023] KEELC 21948 (KLR)

[2023] KEELC 21948 (KLR)

The court found that the application for stay of execution and injunction lacked merit because the property referenced in the application and the memorandum of appeal (Plot No. 856 Mwangaza B) was different from the property referenced in the trial court's judgment and decree (Plot No. MB 276 Isiolo Town). The court emphasized that for it to grant a stay of execution or injunction, there must be a clear nexus between the orders sought and the orders issued by the trial court. Since the judgment being appealed against did not concern the property introduced in the application and appeal, the court held it could not grant the orders sought. The application was therefore dismissed for lack...

Citation
[2023] KEELC 21948 (KLR)
Parties
Appellant: Florence Wanja Mugambi; Respondent: Gakure Geoffrey Gitimbu
Court
Environment and Land Court
Court Station
Environment and Land Court at Isiolo
Jurisdiction
Kenya
Judgment Date
4 December 2023
Case Number
Environment and Land Appeal E006 of 2023
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution and Injunction Pending Appeal
Outcome
application dismissed
Judges
PM Njoroge
Legal Topics
Stay of Execution, Injunctions, Eviction Orders, Identification of Suit Property
Source Language
English
Land and Property Civil Procedure Stay of Execution Injunctions Eviction Orders Identification of Suit Property

Case Brief

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Parties

Florence Wanja Mugambi

Appellant

Gakure Geoffrey Gitimbu

Respondent

Procedural Posture

Stay Application / Ruling on Application for Stay of Execution and Injunction Pending Appeal

Legal Issues

  1. 1 Whether the court can grant a stay of execution and injunction where the property referenced in the appeal and application differs from that in the trial court judgment.
  2. 2 Whether the applicant has established sufficient grounds for stay of execution and injunctive relief pending appeal.

Ratio Decidendi

The court found that the application for stay of execution and injunction lacked merit because the property referenced in the application and the memorandum of appeal (Plot No. 856 Mwangaza B) was different from the property referenced in the trial court's judgment and decree (Plot No. MB 276 Isiolo Town). The court emphasized that for it to grant a stay of execution or injunction, there must be a clear nexus between the orders sought and the orders issued by the trial court. Since the judgment being appealed against did not concern the property introduced in the application and appeal, the court held it could not grant the orders sought. The application was therefore dismissed for lack...

Court Disposition

application dismissed

Orders

  • This application is dismissed.
  • Costs shall follow the event and are awarded to the respondent.