Marriot Africa International Ltd v Marigu & 4 others (Civil Application E152 of 2022) [2023] KECA 396 (KLR) (31 March 2023) (Ruling)

Facts

Marriot Africa International Ltd purchased a property in Ruiru, Kiambu County, and subdivided it into plots. The respondents, claiming to be beneficiaries of the estate of James Kanyotu, interfered with the applicant's possession and enjoyment of the property. The applicant filed a suit seeking a permanent injunction, which was subsequently transferred to Nairobi. The respondents applied to set aside a consent order, leading to an appeal.

Issues

1. Whether the applicant's intended appeal is arguable
2. Whether the proceedings should be stayed pending the appeal

Reasoning

The court finds that the applicant has not satisfied the second limb of the test under rule 5(2)(b) of the Court of Appeal Rules. The court also notes that the consent order did not affect the respondents who were not parties to it.

Outcome

Application dismissed

Authorities cited