[2024] KEELC 5913 (KLR)
The court found that the appellant has an undisputed right of appeal and, in the absence of opposition from the respondent, the principal order for stay of execution is merited. The court relied on the principle that a stay of execution may be granted to preserve the subject matter of the appeal and ensure that the...
Source-derived case information.
- Citation
- [2024] KEELC 5913 (KLR)
- Parties
- Appellant: Jackton Onyango Sege; Respondent: John Ogweno Ochola
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Land Case Appeal E018 of 2024
- Procedural Posture
- Land Case Appeal / Ruling on Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution allowed.
- Judges
- GMA Ongondo
- Legal Topics
- Stay of Execution, Right of Appeal, Appeal Procedure
- 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
Jackton Onyango Sege
Appellant
John Ogweno Ochola
Respondent
Procedural Posture
Land Case Appeal / Ruling on Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to a stay of execution of the judgment and decree pending appeal.
- 2 Whether the right of appeal justifies the grant of stay of execution.
Ratio Decidendi
The court found that the appellant has an undisputed right of appeal and, in the absence of opposition from the respondent, the principal order for stay of execution is merited. The court relied on the principle that a stay of execution may be granted to preserve the subject matter of the appeal and ensure that the right of appeal is not rendered nugatory. The application for stay was therefore allowed, with costs to abide the outcome of the appeal, and directions were given for the filing and service of the record of appeal within forty-five days.
Court Disposition
Application for stay of execution allowed.
Orders
- Stay of execution of judgment and decree in Homa-Bay Chief Magistrate’s Court Environment and Land Case No. E008 of 2023 granted pending determination of this appeal.
- Applicant to file and serve record of appeal within forty-five days from the date of the ruling.
Full Case Text
Judgment text and source record
22 paragraphs
Sege v Ochola (Land Case Appeal E018 of 2024) [2024] KEELC 5913 (KLR) (18 September 2024) (Ruling)
Neutral citation: [2024] KEELC 5913 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Land Case Appeal E018 of 2024
GMA Ongondo, J
September 18, 2024
Between
Jackton Onyango Sege
Appellant
and
John Ogweno Ochola
Respondent
Ruling
1. By a Notice of Motion dated 22nd April 2024, the appellant/applicant through H.O Mimba and Company Advocates, is seeking the principal order of stay of execution of judgement and decree in Homa-Bay Chief Magistrate’s Court Environment and Land Case No. E008 of 2023 pending the hearing and determination of this appeal.
2. Mr. Robert Ochieng learned counsel for the respondent has no opposition to the principal order sought in the application.
3. In that regard, it is common ground that the applicant has the right of appeal and deserves principal order sought in the application. In Butt-versus Rent Restriction Tribunal (1979) eKLR, the Court of Appeal noted:“……. The appellant has an undoubted right of appeal…”.
4. Afortiori, it is the finding of this court that the principal order is merited. The same is hereby allowed with costs to abide the outcome of this appeal.
5. The applicants counsel to file and serve record of appeal within the next forty-five days from this date.
6. Mention of the appeal on 14th November 2024.
7. It is so ordered.
DELIVERED, DATED AND SIGNED THIS 18TH DAY OF SEPTEMBER 2024. G.M.A ONG’ONDOJUDGEPresent1. Mr. Robert Ochieng, Learned Counsel for the Respondent.2. T. Luanga, Court Assistant.