Edwin K. Too v Paul K. Sitienei [2021] KECA 663 (KLR)
- Court
- Court of Appeal
- Case number
- 663
- Citation
- [2021] KECA 663 (KLR)
- Decided
- 23 April 2021
AI Summary
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TypeCivil AppealPostureApplication for stay pending the hearing and determination of the intended appealCoramHANNAH OKWENGU, M. WARSAME, J. MOHAMMED
Holding
The Notice of Motion dated 28th April, 2020 is hereby dismissed with costs.
Facts
Edwin K. Too bought a 2 acre portion of the suit property from Paul K. Sitienei for Kshs 500,000, which he paid in instalments. He built his homestead, developed the land, built permanent houses, planted tea crops and blue gum trees and has lived thereon.
Issues
- Whether the applicant's application to set aside the consent judgment is arguable.
- Whether the intended appeal will be rendered nugatory if the orders sought are not granted.
Reasoning
The Court found the appeal arguable but dismissed it as the applicant has not satisfied the requirement of the jurisdiction under Rule 5(2)(b) of the Court of Appeal Rules.
Outcome
Dismissed
Authorities cited
Cases cited (2)
- Ishmael Kagunyi Thande v Housing Finance Company Limited Civil Application No 156 of 2006 (UR)
- Stanley Kang'ethe Kinyanjui v Tony Ketter & 5 Others [2013] eKLR
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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