Kigondu & 6 others v Ali & another (Civil Application E253 of 2021) [2022] KECA 459 (KLR) (18 March 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 459
- Citation
- [2022] KECA 459 (KLR)
- Decided
- 18 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for injunction to restrain eviction pending appealCoramD. K. MUSINGA, W. KARANJA, A. K. MURGOR
Holding
Application dismissed as moot due to demolition of the premises, but applicants are ordered to bear their own costs.
Facts
The applicants were tenants living on dilapidated properties owned by Nairobi City County. The City Council sold the properties to the 1st respondent, who then sought eviction from the Environment and Land Court.
Issues
- Ownership of the properties
- Validity of the eviction order
- Right to appeal
Reasoning
The premises have been demolished, rendering the application moot. The applicants have at least one arguable point on appeal, but the nugatory aspect has not been demonstrated.
Outcome
Application dismissed
Orders
- Each party bears its own costs
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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