Lawrence Mmata Chore v Mary Awino Kweyu & 2 others; Attorney General (Interested Party) [2021] KECA 577 (KLR)
- Court
- Court of Appeal
- Case number
- 577
- Citation
- [2021] KECA 577 (KLR)
- Decided
- 19 May 2021
The application is dismissed with costs to the 1st respondent as the appeal is not arguable and the application has been overtaken by events.
Facts
The applicant brought an application seeking a stay of execution of orders made by the Environment and Land Court (ELC) in Case No. 81 of 2018 at Kakamega, pending hearing and determination of an appeal. The trial court ordered an inhibition order against a parcel of land known as Butsotso/Shikoti/17938 (the suit property) pending hearing and determination of the suit, and consolidation of the suit with ELC Case No. 4 of 2019.
Issues
- Whether the applicant's appeal is arguable
- Whether the application for stay of execution is valid
Reasoning
The application is premised on wrong provisions of the law and has been overtaken by events. The inhibition order has already been presented at Kakamega Lands Registry, and the consolidation order has already been effected.
Outcome
Dismissed
Authorities cited
Cases cited (1)
- Stanley Kangethe Kinyanjui v Tony Ketter & 5 Others [2013] eKLR
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