Sultan Hasham Lalji v Simba Hills Farm Limited & 5 others [2020] KECA 110 (KLR)
- Court
- Court of Appeal
- Case number
- 110
- Citation
- [2020] KECA 110 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks a stay of execution of the judgment of the Environment and Land Court pending the hearing and determination of an appeal.CoramD.K. MUSINGA, P. O. KIAGE, F. SICHALE
Holding
The application is accordingly allowed. Orders do issue to preserve the subject matter and the status quo ante is preserved pending the hearing and determination of the appeal.
Facts
The appellant is the registered proprietor of a piece of land measuring 1680 acres, which the learned judge ordered transferred to the 1st respondent. The appellant is aggrieved by this order.
Issues
- Whether the entire 1680 acres should have been amenable to transfer to the 1st respondent.
- Whether the appellant's counterclaim should have been dismissed in its entirety.
Reasoning
The Court is satisfied that the appeal is arguable and that the appeal would be rendered nugatory without the Court's intervention in the interim.
Outcome
The application is allowed.
Orders
- Orders do issue to preserve the subject matter and the status quo ante is preserved pending the hearing and determination of the appeal.
Remedies
- The appeal is processed and fast-tracked for hearing on priority.
Authorities cited
Cases cited (1)
- STANLEY KANGETHE KINYANJUI vs. TONY KETTER & 2 OTHERS [2013] eKLR.
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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