Cosie Holding Ltd v Cabinet Secretary Ministry of Lands, Housing and Urban Development & 3 others (Civil Appeal (Application) E208 of 2023) [2024] KECA 28 (KLR) (25 January 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 28
- Citation
- [2024] KECA 28 (KLR)
- Decided
- 25 January 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of judgmentCoramJUDGE OF APPEAL, JW LESSIT, Komingoi
Holding
The application for stay of execution of the judgment by Justice Komingoi in ELC Suit No. 1250 of 2014 was dismissed.
Facts
The applicant, Cosie Holding Ltd, sought an order restraining the respondents from encroaching or trespassing or building a road on the property known as L.R. No. 209/11802, Mombasa Road, Nairobi.
Issues
- Stay of execution of the judgment by Justice Komingoi in ELC Suit No. 1250 of 2014
- Restraining the Chief Land Registrar from cancelling the applicant's Title L.R. No. 209/11802
- Restraining the respondents from proceeding with the taxation of their respective bills of costs
Reasoning
The court considered the application, the affidavits, and submissions, and found that the applicant's claims were not supported by the facts presented.
Outcome
The application was dismissed.
Orders
- Stay of execution of the judgment by Justice Komingoi in ELC Suit No. 1250 of 2014
- Restraining the Chief Land Registrar from cancelling the applicant's Title L.R. No. 209/11802
- Restraining the respondents from proceeding with the taxation of their respective bills of 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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