Nairenke & 5 others v Tina & 4 others (Civil Application E043 of 2023) [2023] KECA 1535 (KLR) (15 December 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1535
- Citation
- [2023] KECA 1535 (KLR)
- Decided
- 15 December 2023
The application has merit and is allowed, an order is hereby issued staying the execution of the judgment and decree in Kilgoris E&LC Petition No. 1 of 2021 pending the hearing and determination of the applicants’ intended appeal.
Facts
The applicants claim that the judgment of the Environment and Land Court (E&LC) at Kilgoris annulled their titles to Transmara/Ololchani/163, 860, 861, 878 and 879 and conferred them upon the 1st respondent, Samson Ole Tina. The applicants assert that the implementation of the judgment will lead to substantial and irreparable injury as the suit properties can easily be disposed and alienated.
Issues
- Whether the intended appeal is arguable
- Whether the applicants have the locus standi to ventilate issues in the intended appeal
- Whether the applicants have demonstrated the twin principles for grant of stay of judgment pending appeal
- Whether there would be no prejudice or injustice to the 1st respondent if the stay orders are issued
Reasoning
The court emphasized the need to prevent the respondents from being kept out of their money and highlighted the requirements to be met before a judgment is stayed. The court also noted that the titles to the suit property are still registered in the names of the applicants, and the 1st respondent will be at liberty to alienate the land or put it into some other use incompatible with the applicants’ interests.
Outcome
The application is allowed.
Orders
- Ordering the stay of execution of the judgment and decree in Kilgoris E&LC Petition No. 1 of 2021 pending the hearing and determination of the applicants’ intended appeal
Remedies
- Costs of the application shall abide the outcome of the intended appeal
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