Mutua v Shariff & another (Being Sued as the Legal Representative of the Estate of Abdulla Shariff Omar Mohamed) (Environment and Land Appeal E007 of 2024) [2025] KEELC 272 (KLR) (Environment and Land) (31 January 2025) (Ruling)
Neutral citation:
[2025] KEELC 272 (KLR)
Republic of Kenya
Environment and Land Appeal E007 of 2024
EK Wabwoto, J
January 31, 2025
Between
Peninah Kimeru Mutua
Appellant
and
Maher Abdulla Shariff
1st Respondent
Simon Katua Mutia
2nd Respondent
Being Sued as the Legal Representative of the Estate of Abdulla Shariff Omar Mohamed
Ruling
1.Order 42 Rule 6 Sub-Rule 1 of the Civil Procedure Rules. The provisions under reference state as hereunder:
2.The court has considered the application as well as the Replying Affidavit sworn on 13th December 2024 by the 1st Respondent and the Replying Affidavit sworn on 9th December 2024 by the 2nd Respondent. The court has also taken into consideration that judgment was delivered on 18th November 2024 and that the Appellant has since filed an appeal challenging the said decision.
3.In view of the foregoing it is only fair and just that the Applicant be given an opportunity to pursue his appeal and as such this court shall grant a stay of execution against the judgment of this court delivered on 18th November 2024 for a period of 90 days from today. Each party to bear own costs of the said application.
It is so ordered
DATED, SIGNED AND DELIVERED VIRTUALLY AT VOI THIS 31ST DAY OF JANUARY 2025.E. K. WABWOTOJUDGEIn the presence of: -Mr. Mutinda for 2nd Respondent and also holding brief for Mr. Muthami for 1st Respondent.Mr. Mbuthia for the Applicant.Court Assistant: Mary Ngoira