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JudgmentSilas Irungu Karuri VS Peter Nganga Chege1 min read

Silas Irungu Karuri VS Peter Nganga Chege

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

RULING

  1. Indeed the Applicant has filed an application for stay of the judgment pronounced on 24/04/2024 pending the hearing and determination of an appeal before the Court of Appeal.
  2. This type of application is geared towards preserving the subject matter during the hearing and determination of an intended appeal.
  3. An appeal is a right under the constitution and the rules of fair trial.
  4. Consequently, this court usually does not stand in the way of a party that wishes to appeal.
  5. Looking at the orders issued in the judgment, if the same were to be implemented, then they would alter the current state of the suit property before the determination of the appeal.
  6. In essence therefore, this court hereby issues an order of status quo to be maintained on the property known as LR. NO.15400/317 (I.R No.1777379/1) pending the hearing and determination of the appeal before the court of appeal.
  7. Similarly, the Appellant is directed to deposit a sum of Kshs.250,000/= as security for costs within 30 days from today’s date in court.
  8. The costs of this application will abide the outcome of the appeal.


IN THE PRESENCE OF:

COURT ASSISTANT: MR.NGENO

ADVOCATES FOR THE APPLICANT: MR.WERE

ADVOCATES FOR THE RESPONDENT: MR.MACHARIA

    Silas Irungu Karuri VS Peter Nganga Chege Silas Irungu Karuri VS Peter Nganga Chege