Willy Kipkoech Kirui v Peter Kiplangat Rono [2020] KECA 145 (KLR)
- Court
- Court of Appeal
- Case number
- 145
- Citation
- [2020] KECA 145 (KLR)
- Decided
- 4 December 2020
The Notice of Motion is disallowed, and the applicant shall bear the costs of the application.
Facts
Willy Kipkoech Kirui filed a CMCC No. 108 of 2014 against the respondent's deceased father seeking a refund of Kshs 500,000 for the sale/purchase of one acre of the suit premises. The magistrate's court entered a default judgment against Kirui's father. Kirui appealed but the appeal was dismissed. Kirui is now seeking to appeal the dismissal and is concerned about the respondent's intention to build on the suit property.
Issues
- Whether the applicant has an arguable appeal that may be rendered nugatory if the orders are not granted.
- Whether the respondent's appeal against the default judgment was dismissed by Onyango, J.
Reasoning
The court considered the principles from Stanley Kang’ethe Kinyanjui vs. Tony Keter & 5 Others [2013] eKLR and noted that the applicant has not demonstrated an arguable appeal that may be rendered nugatory unless the orders are granted. The suit premises was sold to a third party who is not a party in this appeal.
Outcome
The Notice of Motion is disallowed.
Orders
- The Notice of Motion dated 19th August, 2020 is disallowed.
- The applicant shall bear the costs of the application.
Authorities cited
Cases cited (1)
- Stanley Kang’ethe Kinyanjui vs. Tony Keter & 5 Others [2013] eKLR
Loading judgment…