Samoei v Samoei (sued on behalf of the Estate of the late Joseph Kisorio Samoei) & 3 others (Civil Application E123 of 2023) [2023] KECA 1544 (KLR) (15 December 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1544
- Citation
- [2023] KECA 1544 (KLR)
- Decided
- 15 December 2023
The applicant's notice of motion application for an injunction pending appeal is found to be unmerited and is accordingly dismissed.
Facts
The applicant, Kimwei Arap Samoei, seeks an injunction pending appeal against the Environment and Land Court's judgment in Kitale ELC No. 45 of 2019, which registered the suit property in the name of the late Kipsongok Arap Chepkulei pending distribution. The suit property is now in the possession of the respondents, who have destroyed the existing boundaries and fences and threatened eviction.
Issues
- Whether the applicant's appeal is arguable
- Whether the appeal will be rendered nugatory
Reasoning
The court finds the applicant's appeal arguable but not rendered nugatory. The court dismisses the application as the appeal is not arguable.
Outcome
The applicant's application for an injunction pending appeal is dismissed.
Orders
- The applicant's notice of motion application dated May 16, 2023 is dismissed.
- No order as to costs of the application.
Authorities cited
Cases cited (2)
- Stanley Kang’ethe Kinyanjui v Tony Ketter & 5 others (2013) eKLR
- Reliance Bank Limited v Norlake Investment Limited (2002) 1 EA 227
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