Susan Mbeke Kasome & 872 others v Njiru Ageria Development Ltd [2016] KECA 836 (KLR)
- Court
- Court of Appeal
- Case number
- 836
- Citation
- [2016] KECA 836 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution pending appealCoramP. KIHARA KARIUKI, P. M. MWILU, J. OTIENO-ODEK
Holding
We allow the notice of motion dated 10th July 2015 as prayed with costs to abide by the outcome of the intended appeal.
Facts
Susan Mbeke Kasome and 872 others filed an originating summons before the High Court seeking to be registered as proprietors of a parcel of land known as LR No.13468 in Nairobi by claiming adverse possession. The respondent filed a notice of motion application seeking a temporary injunction.
Issues
- Whether it is legally permissible for a defendant to found an application for equitable remedies on the principles enunciated in the celebrated case of Giella v Cassman Brown
- Whether the intended appeal could be rendered nugatory if stay orders are not granted
Reasoning
The balance of convenience tilts in favour of the applicants, and the applicants are not denied their opportunity to ventilate their legal cases through the appeal process.
Outcome
Appeal allowed
Orders
- Order of stay of execution pending the hearing and determination of the intended appeal
Remedies
- Costs to abide by the outcome of the intended appeal
Authorities cited
Legislation (2)
- Court of Appeal Rules 2010
- Civil Procedure Rules
Cases cited (3)
- Giella v Cassman Brown & Co. Ltd [1973] EA358
- East African Development Bank v Hyundai Motors Kenya Limited (Nairobi Civil Appeal No.194 of 2004)
- The Delphis Bank Limited v Recco Builders Limited & Another (Nairobi Civil Appeal No.291 of 2005)
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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