Chairman of the Committee Maseno School for the Deaf & another v Lyston Paul Ngoya Musumba [2020] KECA 86 (KLR)
- Court
- Court of Appeal
- Case number
- 86
- Citation
- [2020] KECA 86 (KLR)
- Decided
- 4 December 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay pending the hearing and determination of an intended appealCoramW. OUKO, S. GATEMBU KAIRU, S. ole KANTAI
Holding
The Motion fails and is dismissed with costs to the respondent
Facts
Respondent Lyston Paul Ngoya Musumba claimed encroachment on his land by the applicants, the Chairman and Secretary of MASENO School for the Deaf. The trial court ordered the parties to engage the County Land Registrar and Surveyor to confirm the ground boundary of disputed parcels of land and vacate the respondent's parcel within 90 days.
Issues
- Whether the intended appeal is arguable
- Whether the appeal would be rendered nugatory absent stay
Reasoning
The intended appeal is not arguable as the trial court's order to engage the County Land Registrar and Surveyor to confirm the ground boundary would establish whether the applicants had encroached into the respondent's land.
Outcome
Dismissed
Orders
- Motion dismissed with costs to the respondent
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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