Solomon v Ogalo & 2 others (Civil Application E044 of 2023) [2024] KECA 312 (KLR) (22 March 2024) (Ruling)

Facts

The applicant, Peter Muriuki Solomon, seeks a stay of execution of the judgment and decree in Kitale Environment and Land Court (E&LC) Petition No. 41 of 2016, which partially allowed his claim to have the 1st respondent's title to Kitale Municipality Block 6/72 cancelled and ordered him to be evicted from the suit land. The applicant claims he has been in occupation of the suit property since 1986 and has made massive developments.

Issues

1. Whether the intended appeal is arguable and has high chances of success.
2. Whether the applicant's intended appeal will be rendered nugatory if the impugned judgment is not stayed.
3. Whether the applicant has an arguable appeal that may be rendered nugatory if stay orders are not granted.

Reasoning

The Court accepts the applicant's fears and apprehensions and finds that the intended appeal may be rendered nugatory absent orders of stay. The Court also notes that the applicant has been in occupation of the suit property since 1986 and has made significant developments.

Outcome

The application is granted, and the judgment is stayed pending the hearing and determination of the applicant's intended appeal.

Authorities cited