[2023] KEELC 18122 (KLR)
The court granted the stay of execution of the lower court's decree pending the determination of the appeal, based on the parties' mutual agreement and lack of objection from the respondents. The court found that the application was merited in the circumstances, and that the costs of the application should abide the...
Source-derived case information.
- Citation
- [2023] KEELC 18122 (KLR)
- Parties
- Applicant: Solomon Ochogo; Respondent: Dorcus Agunga; Respondent: Peter Okello Onyango
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E023 of 2023
- Procedural Posture
- Environment and Land Appeal / Ruling on Stay Application Pending Appeal
- Outcome
- Application for stay of execution allowed by consent; costs to abide the outcome of the appeal.
- Judges
- GMA Ongondo
- Legal Topics
- Stay of Execution, Appeals Process, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Solomon Ochogo
Applicant
Dorcus Agunga
Respondent
Peter Okello Onyango
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Stay Application Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to an order of stay of execution of the lower court's decree pending the determination of the appeal.
- 2 Whether the costs of the application should abide the outcome of the appeal.
Ratio Decidendi
The court granted the stay of execution of the lower court's decree pending the determination of the appeal, based on the parties' mutual agreement and lack of objection from the respondents. The court found that the application was merited in the circumstances, and that the costs of the application should abide the outcome of the appeal. The court fixed the appeal for directions and issued the operative orders as agreed by the parties.
Court Disposition
Application for stay of execution allowed by consent; costs to abide the outcome of the appeal.
Orders
- An order of stay of the lower court's decree is granted pending final determination of the appeal.
- Costs of the application to abide the outcome of the appeal.
Full Case Text
Judgment text and source record
24 paragraphs
Ochogo v Agunga & another (Environment and Land Appeal E023 of 2023) [2023] KEELC 18122 (KLR) (19 June 2023) (Ruling)
Neutral citation: [2023] KEELC 18122 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal E023 of 2023
GMA Ongondo, J
June 19, 2023
Between
Solomon Ochogo
Applicant
and
Dorcus Agunga
1st Respondent
Peter Okello Onyango
2nd Respondent
Ruling
1. By an application dated May 24, 2023 through Aluoch Odera and Nyauke Company Advocates, the applicant is seeking the following orders.a.Mootb.Mootc.Upon hearing this application inter-parties, the Honourable Court be pleased to issue an order of stay of the lower Courts’ Decree pending final determination of the Appeal.d.Costs of this application be provided for.
2. Mr. S. Nyauke learned counsel for the applicant has informed the court that the parties have agreed to compromise the application in terms of order (c) sought therein. That the costs of the application to abide the outcome of the instant appeal which ought to be first tracked.
3. Mr. Mulama learned counsel for the 1st and 2nd respondents has no objection to the application.
4. In the premises the application is merited and hereby determined in terms of prayer (c) and as stated in paragraph 1 (c) hereinabove.
5. Costs of the application to abide the outcome of this appeal.
6. The appeal is fixed for directions on September 27, 2023.
7. It is so ordered.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 19TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPRESENT.Mr. S. Nyauke for the appellant.Mr. Mulama for the 1st and 2nd respondents.Court Assistant, Okello and Mutiva