Njuguna v US Jamhuri Commercial Centre Welfare Association & 5 others (Civil Application E268 of 2023) [2024] KECA 166 (KLR) (23 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 166
- Citation
- [2024] KECA 166 (KLR)
- Decided
- 23 February 2024
The application for stay of execution is dismissed with costs to the respondent.
Facts
The applicant, Morris Mwirigi Njuguna, sought a stay of execution of the judgment in Nairobi ELC Petition No. E008 of 2022, which allowed the Jamhuri Commercial Centre Welfare Association's petition and determined that the title for LR No Nairobi/ Block 63/787 was invalid due to fraud. The judgment also ordered the applicant to surrender the title in 60 days and awarded the respondent a sum of Kes 1,000,000 for alleged breach of rights.
Issues
- Whether the applicant's appeal is arguable
- Whether the intended appeal will be rendered nugatory if the stay of execution is not granted
Reasoning
The court found that the applicant has presented an arguable appeal but is not persuaded that the intended appeal will be rendered nugatory due to the orders of the trial court and the possibility of the property reverting back to the applicant if the appeal succeeds.
Outcome
Application dismissed
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