Teresia Kamene King’oo v Harun Edward Mwangi [2016] KECA 566 (KLR)
- Court
- Court of Appeal
- Case number
- 566
- Citation
- [2016] KECA 566 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for interlocutory injunction and stay of execution of the decreeCoramM. K. KOOME, G.B.M. KARIUKI, SC, F. AZANGALALA
Holding
The appeal, if successful, may be rendered nugatory unless the orders prayed for in the application are granted
Facts
The applicant, Teresia Kamene King’oo, sued the respondent, Harun Edward Mwangi, in the High Court in Suit No. H.C. (E.L.C.) No. 519 of 2008, seeking declarations and injunctions related to the suit land LR 12661/28.
Issues
- Whether the appeal, if successful, would render the decree nugatory
- Whether the applicant is in possession of the suit land
Reasoning
The court refrains from delving into the merits of the appeal but notes that the applicant's assertion of possession is supported by the record.
Outcome
The application is granted, and the orders prayed for in the application are granted
Orders
- Interlocutory injunction to restrain the respondent from transferring, alienating, charging or sub-dividing the suit land
- Stay of execution of the decree pending the hearing and determination of the appeal
Remedies
- Interlocutory injunction
- Stay of execution of the decree
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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