Lali Swaleh Lali & 3 others v Stephen Mathenge Wachira & 3 others [1997] KECA 254 (KLR)
- Court
- Court of Appeal
- Case number
- 254
- Citation
- [1997] KECA 254 (KLR)
- Decided
- 18 December 1997
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution in an intended appealCoramA. M. AKIWUMI, P. K. TUNOI, G. S. PALL
Holding
The applicants' application for stay is hereby granted.
Facts
The applicants claim ownership of a fishing village, Mayunga Fishing Village, which they and their ancestors have been permanently settled in since some fifty years ago. The village was fraudulently registered in the names of the 1st and 2nd respondents by the 3rd respondent, the Commissioner of Lands.
Issues
- Whether the applicants' intended appeal is frivolous.
- Whether the applicants' claim of ownership is valid.
- Whether the application for stay should be granted.
Reasoning
The court finds the applicants' intended appeal not frivolous and grants the stay as the applicants claim they and their ancestors have been in occupation of the fishing village from time immemorial.
Outcome
The applicants' application for stay is granted.
Orders
- Stay of execution of the ruling of the High Court
Remedies
- Costs will be in the appeal.
Authorities cited
Legislation (3)
- Adjudication Act
- Registered Land Act
- Limitation Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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