Florence Seyanoi Kibera Also Known As Dorothy Seyanoi Moschion v Deborah Achieng Aduda & another [2019] KECA 815 (KLR)
- Court
- Court of Appeal
- Case number
- 815
- Citation
- [2019] KECA 815 (KLR)
The court dismisses the application as there is no notice of appeal against the impugned judgment.
Facts
The applicant sold a portion of her land to the respondents for Kshs.28,000,000/=, but failed to deliver possession and refund the deposit. The respondents filed a suit seeking an injunction and specific performance. The applicant filed an application to set aside the judgment, but the court dismissed it.
Issues
- Whether the applicant has an arguable appeal against the judgment
- Whether the court has jurisdiction to consider the application for stay of execution
Reasoning
The court held that for this Court to assume jurisdiction to hear an application under rule 5(2)(b) of the Court of Appeal Rules, there must be a notice of appeal against the judgment intended to be stayed. Since there is no notice of appeal against the judgment of 27th September, 2017, the court has no jurisdiction to consider the application.
Outcome
Application dismissed
Authorities cited
Cases cited (4)
- SAFARICOM LIMITED v OCEAN VIEW BEACH HOTEL LIMITED & 2 OTHERS [2009] eKLR
- EQUITY BANK LIMITED v WEST LINK MBO LTD [2014] eKLR
- NGURUMAN LIMITED v SHOMPOLE GROUP RANCH & ANOTHER [2014] eKLR
- NAIROBI CITY COUNCIL v RESLEY [2002] E.A. 494
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