Robert Mutiso Lelli v Kenya Medical Training College & 2 others [2020] KECA 609 (KLR)
- Court
- Court of Appeal
- Case number
- 609
- Citation
- [2020] KECA 609 (KLR)
- Decided
- 5 June 2020
The application is dismissed with costs to the 1st respondent.
Facts
The applicant, Robert Mutiso Lelli, filed a suit against Kenya Medical Training College and the Attorney General regarding the cancellation of his title LR No. 209/14272, the suit land. The applicant was ordered to surrender the title for cancellation, and the 1st respondent was directed to issue a letter of allotment to the 1st respondent. The applicant appealed the judgment.
Issues
- Whether the appeal is arguable
- Whether the appeal will be rendered nugatory if the stay is not granted
Reasoning
The appeal is arguable as it raises a serious question of law. The applicant's claim that the appeal will be rendered nugatory if the stay is not granted is not supported by evidence. The court considers the discretion of the Court of Appeal under Rule 5(2)(b) of the Court of Appeal Rules and the requirement of substantial loss.
Outcome
Appeal dismissed
Authorities cited
Cases cited (2)
- Dennis Mogambi Mang’are v Attorney General & 3 Others, Civil Application No. NAI 265 of 2011 (UR 175/2011)
- Mukuma v Abuoga [1988] KLR 645
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