Morris Ngundo v Lucy Joan Nyaki & Tua Benyambo Nyaki (Suing in their Capacity as Adminstatrix and Administrator of the Estate of Gilbert Mboni Nyaki (Deceased) (Civil Application 39 of 2015) [2015] KECA 282 (KLR) (30 October 2015) (Ruling)

Facts

The applicant, Morris Ngundo, claimed to be the registered and beneficial owner of land known as Kilifi/Mtwapa/424, and alleged that he was allocated the land by the Government and had lived on it since 1970. He claimed that the deceased, Gilbert Mboni Nyaki, advanced him a loan of Kshs.135,000 in 1983 and offered the land as security. The applicant allowed the deceased to live on the land, but later sued for eviction.

Issues

1. Whether the Court of Appeal has jurisdiction to entertain the application pending the lodging, hearing and determination of an intended appeal against a judgment of the Environment and Land Court of Kenya.
2. Whether there is an intention to appeal the judgment of the Environment and Land Court of Kenya.

Reasoning

The Court of Appeal ruled that the application is struck out with no order as to costs, citing the requirement of a Notice of Appeal to give jurisdiction to the Court of Appeal to hear and determine the application under Rule 5(2) (b) of the Court's Rules.

Outcome

The application is struck out with no order as to costs.

Authorities cited