William Charles Fryda v Assumption Sisters of Nairobi Registered Trustees & 2 others [2018] KECA 784 (KLR)
- Court
- Court of Appeal
- Case number
- 784
- Citation
- [2018] KECA 784 (KLR)
The appeal is dismissed with costs to the respondents, and the appeal is set down for hearing on priority basis.
Facts
William Charles Fryda sought to establish a hospital in Nairobi for the poor. He purchased two properties in Lang'ata and one in Elementaita, registering St. Mary's Mission Hospital as the owner. The Assumption Sisters of Nairobi Registered Trustees and the hospital's board of trustees agreed to transfer the properties to Fryda's intended hospital. However, the trustees later claimed ownership, leading to a dispute.
Issues
- Ownership of four properties
- Transfer of properties to Fryda's intended hospital
Reasoning
The court found no merit in the application for stay of execution, stating that the applicant would not suffer any loss if the decree is executed, and that the properties are to be transferred to the company St. Mary's Mission Hospital.
Outcome
Appeal dismissed
Orders
- Stay of execution of the judgment is dismissed
- Temporary injunction is dismissed
Remedies
- None
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