Abuta v Nyandika (Civil Application E161 of 2021) [2022] KECA 823 (KLR) (13 May 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 823
- Citation
- [2022] KECA 823 (KLR)
- Decided
- 13 May 2022
The application is dismissed as the applicant's prayers are unhelpful and the Court cannot extend its jurisdiction to stay the decision of the subordinate court.
Facts
The applicant, KIRAITA ABUTA, was ordered to sign transfer documents to transfer 1.1 hectares of land to the respondent, RICHARD NYANDIKA, by the Principal Magistrate at Kisii. Dissatisfied, he appealed to the Environment and Land Court (ELC) which dismissed his appeal. As a result, he faces imminent eviction and transfer of the land.
Issues
- Whether the Court has jurisdiction to grant a stay of execution of the subordinate court judgment
- Whether the applicant's anxiety can be addressed by granting an injunction
Reasoning
The Court cannot grant a stay of execution of the subordinate court judgment as the intended appeal is against the decision of the superior court. The applicant's anxiety can be addressed by granting an injunction, but the Court cannot grant what was not sought.
Outcome
Application dismissed
Orders
- The Notice of Motion dated 25th November, 2021 is hereby struck out with costs to the respondent
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