Helida Asiko v Maracelin A Odawa & 2 others [2017] KECA 348 (KLR)
- Court
- Court of Appeal
- Case number
- 348
- Citation
- [2017] KECA 348 (KLR)
Grant an injunction and a stay of proceedings in the High Court pending the hearing and determination of the intended appeal
Facts
The applicant claims to have been allocated the suit property in 1974, but later discovered that the Lands Office fraudulently changed the parcel number to Kisumu/Muhoroni/1040, transferring it to the respondent. The respondent trespassed on the property and destroyed the applicant's crops.
Issues
- Whether the appeal is arguable
- Whether the appeal would be rendered nugatory if successful
Reasoning
The court finds the appeal arguable due to the fraudulently changed parcel number and the failure to adhere to the Land Adjudication Act. The appeal would be rendered nugatory if successful, but the current situation is maintained for the appeal's hearing.
Outcome
The applicant's application for injunction and stay of proceedings is granted
Orders
- An injunction to restrain the respondents from remaining in occupation of the suit property pending the appeal
- A stay of proceedings in the High Court pending the appeal
- The appeal must be filed within 60 days from the date of this order
- Costs are in the intended appeal
Remedies
- Injunction to restrain respondents from occupying the suit property
- Stay of proceedings in the High Court pending the appeal
Authorities cited
Legislation (1)
- Land Adjudication Act Cap 284
Cases cited (2)
- Municipal Council of Kisumu vs Nella Bhanubhai Patel T/AChemhard Agencies
- Standard Limited vs G.N. Kagia & Co. Advocates
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