Wellington Lusweti Barasa & 47 Others v Lands Ltd & Another [2015] KECA 11 (KLR)
- Court
- Court of Appeal
- Case number
- 11
- Citation
- [2015] KECA 11 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of a ruling of the High Court of Kenya, Environment and Land Court at EldoretCoramD.K. Maraga, D.K. Musinga, S. Gatebu Kairu
Holding
The application for stay and/or injunction is dismissed with costs to the respondents.
Facts
The applicants claimed adverse possession of land in Uasin Gishu County, initially against Lands Limited, then Kibogy Properties Ltd, and finally in the Environment and Land Court at Eldoret. The High Court dismissed the case in 2014.
Issues
- Whether the applicants' intended appeal against the ruling of Ombwayo J is arguable.
- Whether the application for stay and/or injunction should be dismissed.
Reasoning
The court found that the applicants' intended appeal is not arguable and that the application for stay and/or injunction is rendered nugatory.
Outcome
Application dismissed with costs
Orders
- Application for stay and/or injunction dismissed
Remedies
- Costs to the respondents
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.
Loading judgment…