Presbyterian Church of East Africa (Uthiru Church) & another v Wanyiri Kihoro & 3 others [2019] KECA 857 (KLR)
- Court
- Court of Appeal
- Case number
- 857
- Citation
- [2019] KECA 857 (KLR)
- Decided
- 22 March 2019
The Court finds that the applicants have an arguable appeal and that the appeal will be rendered nugatory if the orders sought are not granted and the appeal succeeds.
Facts
The Presbyterian Church of East Africa (Uthiru Church) and its Chairperson filed a suit against Wanyiri Kihoro and Mugure Wanyiri Kihoro, who are administrators of the Estate of Dr. Wanjiru Kihoro, seeking judgment against the respondents. The suit property (LR No. Dagoretti.Uthiru/T 382) was bought by Dr. Wanjiru Kihoro from Ndibo Nthenge on 31st March, 1983.
Issues
- Whether the intended appeal is arguable.
- Whether the appeal will be rendered nugatory if the eviction order is executed.
Reasoning
The Court considers the jurisdiction of the Court of Appeal, the arguability of the appeal, and the potential for the appeal to be rendered nugatory. The Court is satisfied that the applicants have demonstrated grounds for serious consideration.
Outcome
The application for stay of execution of the judgment and decree of the Environment and Land Court is granted.
Orders
- Order for stay of execution of the judgment and decree of the Environment and Land Court
Remedies
- Stay of execution of the judgment and decree of the Environment and Land Court
Authorities cited
Legislation (1)
- Court of Appeal Rules
Cases cited (6)
- Stanley Kang'ethe Kinyanjui v Tony Keter & 5 Others
- Dennis Mogambi Mang’are v Attorney General & 3 Others
- Reliance Bank Ltd v Norlake Investments Ltd
- Mukuma v Abuoga
- Ishmael Kangunyi Thande v Housing Finance Company of Kenya Limited
- African Safari Club Limited v Safe Rentals Limited
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