Koton Wandabe & another v Lucia Kibui Muchiri [2019] KECA 683 (KLR)
- Court
- Court of Appeal
- Case number
- 683
- Citation
- [2019] KECA 683 (KLR)
- Decided
- 6 June 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Environment and Land CourtCoramE. M. GITHINJI, H. M. OKWENGU, J. MOHAMMED
Holding
The Court of Appeal dismissed the application, upholding the orders of the Environment and Land Court.
Facts
Koton Wandabe and Raymond Nyeris Plal filed a suit against Lucia Kibui Muchiri in the Environment and Land Court. The respondent won the suit and received an order for vacant possession and surrender of the property title. The applicants then sought an injunction and stay of execution.
Issues
- Whether the applicants are entitled to an injunction and stay of execution under Article 159(2)(d) of the Constitution and Civil Procedure Rules.
- Whether the Environment and Land Court's orders should be stayed pending an appeal.
Reasoning
The Court of Appeal found that the applicants did not meet the criteria for an injunction and stay of execution.
Outcome
Appeal dismissed
Orders
- The orders of the Environment and Land Court remain in effect pending the appeal.
Authorities cited
Legislation (2)
- Article 159(2)(d) of the Constitution
- Civil Procedure Rules
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.
Loading judgment…