Iruki & another v Mangaara & 3 others (Civil Application . E025 of 2022) [2023] KECA 137 (KLR) (17 February 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 137
- Citation
- [2023] KECA 137 (KLR)
- Decided
- 17 February 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of decree and ruling of the ELC CourtCoramW. KARANJA, J.MOHAMMED, DR. K. I LAIBUTA
Holding
The application for stay of execution of the decree and ruling of the ELC Court is dismissed.
Facts
Kaimba Mangaara filed a plaint in the Chief Magistrate's court seeking to declare the subsequent allotment of plot No Meru Municipality Block 11/697 illegal, null and void, and to grant a permanent injunction against Naftaly Mwiti Iruki and Julius Mwongera Nkiriti.
Issues
- Whether the applicant had demonstrated that he would suffer any loss if the orders sought were not granted.
- Whether the stay of execution of the decree and ruling of the ELC Court was available under Rule 5(2)(b) of the Court's Rules, 2010.
Reasoning
The court held that the applicant had not demonstrated that he would suffer any loss if the orders sought were not granted, and that the negative orders of the ELC are not capable of execution.
Outcome
Application dismissed with costs
Orders
- Notice of motion dated April 12, 2022 is hereby dismissed with costs to the 1st respondent.
Authorities cited
Legislation (2)
- Article 159(2)(d) of the Constitution
- Section 1A, 1B, 3A & 3B of the Appellate Jurisdiction Act
Cases cited (2)
- William W Wahome & The Registrar of Trade Unions v Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers [2006] eKLR
- Western College of Arts and Applied Sciences v EP Oranga & 3 others [1976] eKLR
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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