Njora v Kingi & 2 others [2024] KEELC 4234 (KLR)

Njora v Kingi & 2 others (Environment & Land Case 759 of 2014) [2024] KEELC 4234 (KLR) (13 May 2024) (Ruling)

Neutral citation: [2024] KEELC 4234 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 759 of 2014

LN Mbugua, J

May 13, 2024

Between

Daniel Waithaka Njora

Plaintiff

and

Jacinta Nyawira Kingi

1st Defendant

Roysambu Housing Co-operative Society Ltd

2nd Defendant

Commissioner Of Lands

3rd Defendant

Ruling

1. I have perused the application dated 31. 1.2024 as well as the responses filed there of vide a replying affidavit dated 21. 2.2024. The Applicant (1st defendant) is seeking a stay of execution of the judgment.

2. I note that the judgment was delivered way back on 25. 1.2024 but to date, no substantive appeal has been filed. The judgment was also a money decree but no security has been proffered in this matter.

3. That notwithstanding I will grant the applicant limited time to ventilate her issues at the Court of Appeal.

4. As such, I grant a stay of execution of the judgment for a period of 60 days from today. The applicant is condemned to pay costs of the application. The file is closed.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 13TH DAY OF MAY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Gachoka for plaintiffMuriithi for 1st Defendant ApplicantCourt Assistant: Eddel