Mudachi & 11 others v Pwani Jezozhum Company Limited; Njiru & 5 others (Interested Parties) (Civil Application E049 of 2022) [2023] KECA 105 (KLR) (3 February 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 105
- Citation
- [2023] KECA 105 (KLR)
- Decided
- 3 February 2023
AI Summary
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TypeCivil AppealPostureApplication for stay pending appealCoramJUDGE OF APPEAL, S GATEMBU KAIRU, JUDGE OF APPEAL, P NYAMWEYA, JUDGE OF APPEAL, JW LESSIT
Holding
Pending the hearing and determination of the appeal, the status quo as it exists on the ground be maintained.
Facts
The applicants claimed title to land through adverse possession, but the Environmental and Land Court (ELC) dismissed their suit. The land was registered under the Land Titles Act, which was repealed, and the land was subsequently subdivided.
Issues
- Whether the intended appeal is arguable and will be rendered nugatory if the stay is denied.
- Whether the negative order sought is capable of being stayed.
- Whether the applicants' intended appeal will be rendered nugatory if the order is not granted.
Reasoning
The applicants represent about 500 families who have been in occupation for over thirty years and have developed the land. The court found that preserving the status quo is important to give the applicants a chance to pursue their appeal.
Outcome
The application for stay pending appeal is granted.
Orders
- That, pending the hearing and determination of the appeal, the status quo as it exists on the ground be maintained.
Remedies
- The applicants' intended appeal is preserved.
- The applicants are given a chance to pursue their appeal.
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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