Lazaro Kabebe v Ndege Makau & another [2011] KECA 182 (KLR)

Facts

The applicant filed an Originating Summons seeking orders of declaration that he had become entitled to the suit land by virtue of adverse possession. The High Court declared that the sale of the land to the applicant became null and void due to failure to obtain Land Control Consent, but the applicant could claim the land by virtue of adverse possession for the remaining 2.5 acres.

Issues

1. Whether the orders sought by the applicant are necessary to prevent substantial loss and damage
2. Whether the applicant has an arguable appeal that would be rendered nugatory if the orders are not granted

Reasoning

The court found that the applicant had not demonstrated an arguable appeal and that the orders sought would not render the appeal nugatory. The court also noted that the superior court had already given each party their respective portions.

Outcome

Dismissed