Waita (also known as) Linda Wanjiku Muthandi v Waita & another (Civil Appeal (Application) E032 of 2023) [2023] KECA 1319 (KLR) (10 November 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1319
- Citation
- [2023] KECA 1319 (KLR)
- Decided
- 10 November 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of the Ruling of Mombasa High CourtCoramGV ODUNGA, J., Onyiego, JUDGE OF APPEAL, N. Onyiego
Holding
The application is allowed. An injunction order is issued restraining the Respondents from charging, leasing, selling or disposing or in any other manner howsoever dealing or interfering with Plot No. 627/VMN.
Facts
The Applicant, Linda Chao Waita aka Linda Wanjiku Muthandi, brought an application for stay of the Ruling of Mombasa High Court in Succession Cause no 76 of 2012. The Respondents are Edith Wangari Waita and Agnes Wamaitha.
Issues
- Whether the application for stay of the Ruling of Mombasa High Court is granted.
- Whether the injunction order is allowed pending the appeal.
Reasoning
The court observed that the learned Judge of the High Court heard several Applicants with different applications and wrote one composite ruling. The court concluded that the application is for allowing.
Outcome
The application is allowed.
Orders
- An injunction order is issued restraining the Respondents from dealing with Plot No. 627/VMN.
- Costs of the application shall abide the outcome of the appeal.
Remedies
- Injunction order
Authorities cited
Legislation (2)
- Appellate Jurisdiction Act Cap. 9 Laws, of Kenya
- Court of Appeal Rules
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.
Loading judgment…