Kehar v Busam Capital Limited & 2 others (Civil Application E021 of 2024) [2024] KECA 355 (KLR) (12 April 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 355
- Citation
- [2024] KECA 355 (KLR)
- Decided
- 12 April 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution of judgmentCoramD. K. MUSINGA (P), ASIKE-MAKHANDIA, K. M'INOTI
Holding
The application is dismissed with costs as the applicant has not satisfied the first limb of arguability.
Facts
In 2010, the applicant obtained a loan from the 1st respondent on a parcel of land known as L.R. No. NGONG/NGONG/42046. The applicant later filed a suit against the respondents, claiming the land was fraudulently transferred to the 1st respondent. The suit was later transferred to Kajiado ELC and Brenda Jerotich Chepkiyeng was added as a respondent.
Issues
- Whether the applicant's appeal is arguable
- Whether the applicant has properly notified the court of her intention to appeal
Reasoning
The applicant seeks stay of execution of the judgment and orders of the trial court, but the grounds of appeal cited do not align with the notice of appeal. The applicant has not satisfied the first limb of arguability.
Outcome
Application dismissed
Authorities cited
Cases cited (2)
- Stanley Kangethe Kinyanjui v Tony Ketter & 5 Others [2013] eKLR
- Damji Pragji Mandavia v Sara Lee Household & Body Care (K) Ltd, Civil Application No. Nai 345 of 2004
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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