Kenya Agricultural Research Institute v Farah Ali, Chairman Isahakia Self Help Group (sued on his own behalf and on behalf of the members of the group & Commissioner of Lands (Civil Application 18 of 2016) [2016] KECA 647 (KLR) (Civ) (15 April 2016) (Ruling)
- Court
- Court of Appeal
- Case number
- 647
- Citation
- [2016] KECA 647 (KLR)
- Decided
- 15 April 2016
The application must fail as the applicant has not demonstrated that if the stay is not granted its intended appeal will be rendered nugatory.
Facts
The dispute involves portions of land known as L.R. No. 5210 and L.R. No. 5211 in Naivasha, Nakuru County. The applicant, Kenya Agricultural & Livestock Research Organization, seeks a stay of proceedings and a conservatory order against the 1st respondent, Farah Ali, Chairman Isahakia Self Help Group, and the 2nd respondent, Commissioner of Lands.
Issues
- Whether the applicant has an arguable appeal
- Whether the intended appeal, if successful, would be rendered nugatory if the stay or injunction is not granted
Reasoning
The court found that the applicant has not met the second limb of Rule 5(2)(b) of the Court's Rules, which requires that the intended appeal, if successful, would be rendered nugatory unless the stay or injunction is granted.
Outcome
The application is dismissed.
Authorities cited
Legislation (1)
- Rule 5(2)(b) of the Court's Rules
Cases cited (4)
- Permanent Secretary Ministry of Roads & Another vs Fleur Investments Limited
- Mumias Sugar Company Ltd. vs Mumias Outgrowers Company
- Silverstein vs Atsango
- Standard Limited & 2 Others vs Wilson Kalya & Another t/a Kalya & Co. Advocates
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