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JudgmentPHILEMON KIPTONUI MELI VS FRANCIS EGO KIMAIYO1 min read

PHILEMON KIPTONUI MELI VS FRANCIS EGO KIMAIYO

Environment and Land Court at Eldoret Environment and Land Court · · E. M. WASHE, J

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RULING

  1. Based on the Applicant’s pleading, there is a Judgement that was pronounced on 29.08.2024 where the Applicant was to pay a sum of Kshs.1.6 million to the Respondent.
  2. It is clear that the Applicant has not complied with the said Judgement.
  3. Based on the non-compliance, there was an Application to arrest the Applicant/Judgement Debtor which was allowed.
  4. The Applicant then made an Application for stay of the order of arrest which was dismissed.
  5. In this Application, the Applicant is seeking for a stay of the Ruling pronounced on 26.06.2025.
  6. To begin with, the Ruling of 26.06.2025 was a negative order against the Applicant.
  7. Consequently, the Court cannot stay a negative order.
  8. However, in the interest of justice the Applicant is granted 21 days from today’s date to deposit the decretal sum in Court failure to which execution by way of arrest or any other lawful means should proceed as directed by the lower Court.
  9. On the issue of costs, the same will abide the outcome of the main Appeal


IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Misoi for the Appellant/Applicants

Defendant: Ms. Too as for the Respondent/Respondent

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    PHILEMON KIPTONUI MELI VS FRANCIS EGO KIMAIYO PHILEMON KIPTONUI MELI VS FRANCIS EGO KIMAIYO