Kandie v Lekakeny (Civil Application E 094 of 2021) [2022] KECA 447 (KLR) (18 March 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 447
- Citation
- [2022] KECA 447 (KLR)
- Decided
- 18 March 2022
The application is found to be incompetent and is hereby struck out with costs to the Respondent.
Facts
David Kipkurui Kandie is the current registered owner of Mombasa Municipality Block XXVI/212, which he claims to own by virtue of a judgment of the Environment and Land Court (ELC) delivered in Mombasa ELC Case No. 22 of 2012. However, on 21st September 2021, a judgment was delivered in Mombasa ELC Case No. 126 of 2019, which varied the judgment in Mombasa ELC Case No. 22 of 2012, and ordered the cancellation of Kandie's title. Kandie is apprehensive that unless the orders sought are granted, he will permanently lose the suit property and the purchase price.
Issues
- Whether the appeal is arguable and has a chance of success
- Whether the orders sought are necessary to preserve the subject matter of the appeal
Reasoning
The Court found that the Applicant did not lodge a Notice of Appeal against the judgment of 21st September 2021 within the required time, and thus the application is incompetent.
Outcome
The application is found to be incompetent and is hereby struck out with costs to the Respondent.
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