Mwanzi Road Properties Ltd v Maina Muchiri & another [1996] KECA 11 (KLR)
- Court
- Court of Appeal
- Case number
- 11
- Citation
- [1996] KECA 11 (KLR)
- Decided
- 10 April 1996
The application is allowed, and an injunction is issued restraining the plaintiff, his servants and agents from selling, disposing of, transferring or otherwise dealing with the suit land pending the hearing and final determination of the intended appeal or further order.
Facts
The suit land was transferred to the applicant by the defendant before the trial. The plaintiff, who was the registered proprietor, sought to be registered as the proprietor by adverse possession. The applicant applied for a stay of execution of the judgment and an injunction.
Issues
- Whether the applicant should have been joined as a defendant
- Whether the applicant has an arguable appeal
- Whether a stay or injunction should be granted
Reasoning
The Court found that the applicant should have been joined as a defendant and that the applicant has an arguable appeal. The Court also found that the plaintiff has been registered as the proprietor already, making an order staying his registration pointless.
Outcome
Application allowed
Orders
- An injunction restraining the plaintiff, his servants and agents from selling, disposing of, transferring or otherwise dealing with the suit land pending the hearing and final determination of the intended appeal or further order
Remedies
- Costs of the application to be in the intended appeal
Loading judgment…