Njoroge v Kandiri & 2 others (Civil Application E058 of 2023) [2024] KECA 199 (KLR) (23 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 199
- Citation
- [2024] KECA 199 (KLR)
- Decided
- 23 February 2024
The application for stay of execution of the judgment and temporary injunction is granted.
Facts
The applicant, Ndirangu Njoroge, applied for a stay of execution of a judgment dated 18th August 2021 in Nyahururu CM ELC No. 163 of 2018, which granted a permanent injunction against the applicant and 2nd respondent, restraining them from interfering with the suit land and evicting the 3rd respondent from the land on which the 2nd respondent's house was built. The 1st respondent appealed the judgment, which was dismissed. The 2nd respondent then entered the suit land and started the demarcation process.
Issues
- Stay of execution of the judgment
- Temporary injunction against entry, demolition, cultivation, and occupation of the suit land
Reasoning
The court granted the application for stay of execution and temporary injunction due to the pending appeal and the potential impact on the appeal process.
Outcome
Application granted
Orders
- Stay of execution of the judgment dated 18th August 2021
- Temporary injunction against the respondents and their servants from entering, remaining, demolishing structures, cutting trees, cultivating, occupying, transferring, or charging the 5 acres of land parcel LR No. 9195 Sabugo Settlement Scheme
Remedies
- Stay of execution of the judgment
- Temporary injunction
Authorities cited
Legislation (2)
- Court of Appeal Rules
- Civil Procedure Act
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