Bett v Olamroi & 2 others (Civil Appeal (Application) E428 of 2022) [2023] KECA 169 (KLR) (17 February 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 169
- Citation
- [2023] KECA 169 (KLR)
- Decided
- 17 February 2023
The court grants the application for a stay of execution of the judgment pending the hearing and determination of the appeal.
Facts
The applicant, Anne Karegi Bett, sought a permanent injunction against the respondents, Merio Olamroi and Hassan Tajeu, to vacate the suit property (Kajiado/Lorngusua/1299) and demolish structures built thereon. The respondents claimed ownership of the property based on a court order forbidding any such registration and a bequest from the deceased 1st respondent.
Issues
- Whether the applicant's appeal is arguable.
- Whether the appeal, if successful, would be rendered nugatory if a stay of execution is not granted.
Reasoning
The court finds the appeal arguable and considers the absence of a stay would render the appeal nugatory due to the risk of eviction, cancellation of title deed, and destruction of property.
Outcome
The court grants the application for a stay of execution of the judgment.
Orders
- A stay of execution of the judgment issued by the Environment and Land Court on November 7, 2022 (Gicheru, J) in ELC No 370 of 2017: Anne Karegi Bett v Merio Olamroi and 2 Others be and is hereby issued pending the hearing and determination of the applicant’s appeal against the said judgment.
- Costs of this application shall abide by the outcome of the appeal.
Remedies
- Stay of execution of the judgment
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