Sugawara v Nairuko Ene Mutarakwa Kiruti (Sued in her Capacity as the Administratrix of the Estate Mutarakwa Kiruti Lepaso alias Mutarakwa Kiroti Leposo and her own) & 3 others (Civil Application E030 of 2022) [2022] KECA 726 (KLR) (29 July 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 726
- Citation
- [2022] KECA 726 (KLR)
- Decided
- 29 July 2022
The Court of Appeal allows the notice of motion to the extent of granting an order of injunction restraining the respondents from disposing of the suit properties pending the hearing and final determination of the intended appeal.
Facts
The applicant sued the respondents for a declaration of being the bona fide proprietor of land parcels in the Chief Magistrate's court in Ngong, Kajiado. The applicant appealed the judgment to the Environment and Land Court (ELC) at Kajiado, which dismissed the appeal. The applicant then sought an injunction and stay of execution in the Court of Appeal.
Issues
- Whether the applicant's appeal is arguable.
- Whether the injunction sought by the applicant will render the appeal nugatory.
Reasoning
The Court found that the applicant's appeal is arguable and that the injunction sought by the applicant is necessary to preserve the suit properties which are the subject matter of the intended appeal.
Outcome
The Court of Appeal allows the applicant's notice of motion.
Orders
- Ordering the respondents to restrain from selling, trespassing, alienating, or interfering with the applicant's quiet possession, peaceful enjoyment and/or ownership of the suit properties pending the hearing and final determination of the intended appeal.
Remedies
- Injunction
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Magistrate's Court Act 2015
Cases cited (2)
- Oliver Collins Wanyama v Engineers Board of Kenya
- Stanley Kangethe Kinyanjui vs Tonny Ketter
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