Charles Karanja Mashua v Jonah Mzee Orumoi & 8 others [2021] KECA 684 (KLR)
- Court
- Court of Appeal
- Case number
- 684
- Citation
- [2021] KECA 684 (KLR)
- Decided
- 23 April 2021
The appeal is arguable and the applicant is entitled to a temporary stay of further proceedings pending the hearing and determination of the appeal.
Facts
The applicant Charles Karanja Mashua owned a parcel of land (Loitokitok/Olkaria/65) which was subdivided into Loitokitok/Olkaria/254 and 255. The applicant discovered that the boundary of his parcel had been unlawfully altered, and some 583 acres had been illegally excised from his parcel and annexed to Loitokitok/Olkaria/256.
Issues
- Whether the appeal is arguable
- Whether the applicant is entitled to a temporary injunction to restrain the respondents from selling or interfering with his quiet possession of the parcels and stay of further proceedings
Reasoning
The court found the appeal arguable due to the single ground that the learned judge misconstrued and/or misapplied the provisions of the Limitations of Actions Act regarding the period of limitation in the circumstances of the case.
Outcome
The application is granted in part, allowing a temporary stay of further proceedings in ELC No. 11 of 2019 pending the hearing and determination of Civil Appeal No. E021 of 2020.
Orders
- Ordering a temporary stay of further proceedings in ELC No. 11 of 2019 pending the hearing and determination of Civil Appeal No. E021 of 2020
Authorities cited
Legislation (1)
- Land Registration Act, 2012
Cases cited (2)
- Oliver Collins Wanyama vs. Engineers Board of Kenya [2019] eKLR
- Kenya Methodist University vs. Mary Kaungania & Another [2017] eKLR
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