Allan Maina v Chief Land Registrar & 4 others [2021] KECA 646 (KLR)
- Court
- Court of Appeal
- Case number
- 646
- Citation
- [2021] KECA 646 (KLR)
- Decided
- 23 April 2021
The Court allows the motion for an order of injunction restraining the respondents from dealing with the land parcels until the hearing and determination of the intended appeal.
Facts
Allan Maina filed a constitutional petition before the Environment and Land Court seeking a declaration that his property rights were deprived by the Settlement Fund Trustees who subdivided a parcel of land and allocated it to other parties. The applicant claimed he was allotted the original suit land but was later evicted.
Issues
- Whether the applicant's appeal is arguable
- Whether the intended appeal will be rendered nugatory
Reasoning
The Court finds the appeal arguable and satisfied that the intended appeal will be rendered nugatory due to the respondents' efforts to execute the decree and the applicant's claim of possession since 1981.
Outcome
The Court grants the injunction.
Orders
- The respondents, their agents, employees or anybody acting on their behalf are hereby restrained by an order of injunction from dealing with the parcel of land known as Nyandarua/Ndemi/8915, Nyandarua/Ndemi/8916 and Nyandarua/Ndemi/1077 (the original suit land) until the hearing and determination of the intended appeal.
Remedies
- Costs of this application will abide the outcome of the appeal.
Authorities cited
Cases cited (3)
- Ismael Kagunji Thande vs. Housing Finance Kenya Ltd Civil Application No. Nai. 157 of 2006 (unreported)
- Ahmed Musa Ismael vs. Kumba Ole Ntamorua & 4 others [2014] eKLR
- Githunguri vs. Jimba Credit Corporation Ltd. No. 2 [198] KLR 838.
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