Eliphas Cosmas Nyambaka v Charles Angucho Suchia [2017] KECA 678 (KLR)

Facts

The applicant, Eliphas Cosmas Nyambaka, sought a stay of execution of a judgment from the High Court of Kenya at Bungoma, which decreed that the respondent, Charles Angucho Suchia, is entitled to be registered as the owner of a land parcel known as Title Number Bungoma/Naitiri/506 comprising of 2.02 hectares acquired by adverse possession. The applicant filed a notice of appeal but did not provide the notice of appeal or explain where the learned judge went wrong in the judgment.

Issues

1. Whether the applicant's appeal is arguable
2. Whether the intended appeal will be rendered nugatory if the application is denied

Reasoning

The Court found that the applicant did not provide evidence to support his claim that the intended appeal is arguable and that the appeal will be rendered nugatory if the application is denied.

Outcome

Denied

Authorities cited