Mwangi v Raimbir (Environment and Land Appeal E013 of 2023) [2025] KEELC 5635 (KLR)

Mwangi v Raimbir (Environment and Land Appeal E013 of 2023) [2025] KEELC 5635 (KLR) (30 July 2025) (Ruling) Neutral citation: [2025] KEELC 5635 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ENVIRONMENT AND LAND APPEAL E013 OF 2023 BM EBOSO, J JULY 30, 2025 BETWEEN WANJUGU MWANGI ............................................................................. APPELLANT AND JAGAT SINGH RAIMBIR .................................................................. RESPONDENT RULING 1. Before court is the application dated 22/7/2025 in which the appellant seeks: (i) an order granting her leave to efiect a post-judgment change of advocates; and (ii) an order staying execution of the judgment of this court rendered on 9/5/2025. 2. The plea for a post-judgment change of advocates is not opposed. Consequently, prayer (b) is allowed. 3. On the plea for an order of stay of execution, what this court rendered was a judgment dismissing this appeal on the ground of lack of merit. Put difierently, the order/decree which the appellant seeks to stay is a negative order. There is nothing to be stayed in the said negative order. There abounds a litany of jurisprudence to the efiect that a negative order does not attract an order of stay of execution. [ see the case of Western College) 4. For the above reasons, the application dated 22/7/025 is disposed in the following terms: a. The plea for post-judgment change of advocates is granted. b. The plea for an order of stay of execution of the judgment rendered on 9/5/2025 is rejected and dismissed on the ground that what is in the said judgment is a negative order. c. The applicant shall bear costs of the application. DATED SIGNED AND DELIVERED AT MERU THIS 30TH DAY OF JULY, 2025 B M EBOSO [MR] https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5635/eng@2025-07-30 1

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