Nthiga v Keeru & 2 others (Civil Application 19 of 2020) [2024] KECA 320 (KLR) (22 March 2024) (Ruling)

Facts

The appellant, Grace Cianjoka Nthiga, is challenging the judgment of the Chief Magistrate's Court (CMCC) in CMCC No. 124 of 2016, where she was ordered to give 1.125 acres of land to her daughters, who are the respondents. The appellant has appealed this judgment to the High Court, which dismissed the appeal. The appellant now seeks a stay of the judgment of the CMCC pending the appeal.

Issues

1. Whether the appellant's application for a stay of the judgment of the CMCC is arguable.
2. Whether the judgment of the CMCC is capable of being stayed due to its nature as a negative order.

Reasoning

The court found that the judgment of the CMCC is a negative order incapable of execution and thus, cannot be stayed. The court also noted that the appellant has not prayed for an injunction or any other orders.

Outcome

The application for a stay of the judgment of the CMCC is dismissed.

Authorities cited