James Thomas Andafu v Joseph Makokha Akhulunya [2018] KECA 245 (KLR)
- Court
- Court of Appeal
- Case number
- 245
- Citation
- [2018] KECA 245 (KLR)
- Decided
- 18 October 2018
The application is allowed, and the stay of execution of the judgment and orders is granted, and the cancellation of the title deed and transfer to the respondent of title No. Butsotso/Indangalasia/248 is stayed pending the hearing and determination of the intended appeal.
Facts
James Thomas Andafu applied for a stay of execution of the judgment and decree made by the Environment and Land Court, N. A. Matheka, J, dated 17 May 2018, in favour of Joseph Makokha Akhulunya, regarding the suit property.
Issues
- Whether the respondent was entitled to the suit property by way of adverse possession.
- Whether the intended appeal is arguable and will be rendered nugatory if the orders sought are not granted and the appeal succeeds.
Reasoning
The court found that the applicant has demonstrated grounds which merit serious consideration and that the appeal is arguable and will be rendered nugatory if the orders sought are not granted and the appeal succeeds.
Outcome
The application is allowed.
Orders
- A stay of execution of the Judgment and Orders of 17 May, 2018 is granted.
- The cancellation of the title Deed and transfer to the respondent of title No. Butsotso/Indangalasia/248 is stayed pending the hearing and determination of the intended appeal.
Remedies
- Preservation of status quo pending appeal.
Authorities cited
Cases cited (2)
- Stanley Kang'ethe Kinyanjui Vs. Tony Keter & 5 Others, Civil Application No. Nai 31/2012
- Reliance Bank Ltd Vs. Norlake Investments Ltd [2002] I EA 227
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