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KOECH
V.
KAMOING

(2023) JELR 113551 (CA)

Court of Appeal 26 Jan 2023 Kenya
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Case Details

Suit Number:CIVIL APPLICATION E049 OF 2021
Judges:F. OCHIENG, JA L. ACHODE, JA W. KORIR, JA
Location:Nakuru

Ruling

  1. Before this Court is a notice of motion dated August 1, 2022 and brought pursuant to rules 5(2)(b) and 20 of the Court of Appeal Rules, 2022. Joel Kibet Koech, the applicant, seeks to stay the execution of the orders and decree emanating from the judgment of the Environment and Land Court at Nakuru in ELC Case No 452 of 2016 pending the hearing and determination of his intended appeal to this Court. The application is accompanied by the affidavit sworn by the applicant, which is dated August 5, 2022.

  2. The application is anchored on the grounds set out on its face as well as in the supporting affidavit of the applicant. On the face of the notice of motion, the application is premised on two major grounds, namely, that his appeal stands a risk of being rendered nugatory if the orders for stay are not granted, and that he has an arguable appeal. On the appeal being rendered nugatory, it is the applicant’s case that he has lived on the property alongside his family for over 17 years h…

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