Keibukwo Investments Limited & another v Sayani Investments Limited & 3 others (Civil Application E273 of 2023) [2023] KECA 1676 (KLR) (15 December 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1676
- Citation
- [2023] KECA 1676 (KLR)
- Decided
- 15 December 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution and injunctionCoramS. GATEMBU KAIRU, P. NYAMWEYA, M. GACHOKA, CIArb, FCIArb
Holding
The applicants' application fails and is dismissed with costs.
Facts
Sayani Investments Limited was the registered owner of three properties since the late 1950s. The applicants, Keibukwo Investments Limited and Sandhani Limited, sought to consolidate or amalgamate these properties into one parcel. The Environment and Land Court (S. Okongo, J.) quashed the applicants' Deed Plan No. 356256.
Issues
- Whether the ELC had jurisdiction to hear the judicial review proceedings.
- Whether the impugned judgment is a positive or negative order capable of being stayed.
- Whether the applicants' appeal is frivolous.
- Whether the orders sought are nugatory.
Reasoning
The Court finds the applicants' appeal not frivolous and arguable. The impugned judgment is not a negative order and the orders sought are nugatory.
Outcome
Application dismissed with costs
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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