Malcom Bell v Daniel Toroitich Arap Moi & Another [2006] KECA 58 (KLR)

Summary at a glance

Facts

The applicant, Malcom Bell, inherited land from his father, the late Walter Bell. In 1981, the 1st respondent, Daniel Toroitich Arap Moi, through his agents, encroached into and blocked a road on the applicant's land, which was part of L.R. 6207/02 registered in the name of the applicant.

Issues

• Whether the 2nd respondent's possession of the suit land was permissive or hostile to the interests of the applicant or his father before him.
• Whether the 2nd respondent's possession of the suit land was in consideration of services rendered by the applicant's father.

Reasoning

The court found that the 2nd respondent's possession of the suit land was permissive and that the time could not run against the applicant. The court also ordered that the 2nd respondent should continue in possession of the subject parcel of land pending the outcome of the intended appeal.

Outcome

The applicant's application for stay of execution of the judgment and decree of the High Court of Kenya was granted.

Orders

• Granting a stay of execution of the decree of the superior court dated 31st October, 2005.
• Ordering the applicant not to dispose of, charge, or deal with the suit property until his intended appeal against the decree of the superior court dated 31st October, 2005, is determined.
• Ordering the 2nd respondent to continue in possession of the subject parcel of land pending the outcome of the intended appeal.

Remedies

• Stay of execution of the decree of the superior court dated 31st October, 2005.
• Order to not dispose of, charge, or deal with the suit property until the intended appeal is determined.

Authorities cited