Johnstone Nyanyuki Menge v Rhoda Mongina Ondoro & 2 others [2020] KECA 106 (KLR)
- Court
- Court of Appeal
- Case number
- 106
- Citation
- [2020] KECA 106 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for injunction/conservatory orders pending appealCoramJ. M. Mutungi, KANTAI
Holding
The court granted the application for injunction and conservatory orders.
Facts
The applicant seeks an injunction to restrain the respondents from dealing with properties known as Title Numbers Gesima Settlement Scheme/337 and 343, pending his appeal against a judgment dismissing his claim to the properties on the basis of adverse possession.
Issues
- Whether the applicant's appeal is arguable
- Whether the court should grant the injunction or conservatory orders pending the appeal
Reasoning
The court found the applicant's appeal to be arguable and granted the injunction to prevent the respondents from dealing with the properties pending the appeal.
Outcome
Granted the application for injunction and conservatory orders
Orders
- Injunction to restrain respondents from entering upon, alienating, selling, sub-dividing or otherwise dealing with the properties known as Title Numbers Gesima Settlement Scheme/337 and 343 pending the hearing and determination of the applicant's appeal.
- Order of inhibition or conservatory order to prevent dealings with the said properties pending the hearing and determination of the appeal.
Remedies
- Injunction and conservatory orders
Authorities cited
Legislation (2)
- Court of Appeal Rules
- Adverse Possession
Cases cited (1)
- Ishmael Kagunyi Thande vs. Housing Finance Company Limited Civil Application No. 156 of 2006 (UR)
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.
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