Muriuki & 2 others v Ngari (Civil Application E113 of 2024) [2025] KECA 1074 (KLR) (5 June 2025) (Ruling)

Facts

The 2nd applicant purchased the suit land from the deceased, who was the registered owner, in 2002. The 1st applicant, a daughter of the deceased, started succession proceedings in 2005 and transferred the land to the 2nd applicant in 2016. The respondent filed a protest in 2017, which was allowed, and an order was made to share the land equally between the respondent and the 2nd applicant.

Issues

1. Whether the appeal will be rendered nugatory if the order for stay is not granted and the appeal succeeds.
2. Whether the 2nd applicant has established the twin principles as required under Rule 5(2) (b) of this Court Rules.

Reasoning

We are satisfied that the 2nd applicant has established the twin principles as required under Rule 5(2) (b) of this Court Rules. The 2nd applicant obtained title to the suit land following succession proceedings by a daughter of the deceased who transferred the property to him, honouring the fact that her deceased mother had sold the land to him 14 years earlier. The 2nd applicant is in possession of the suit land and has a title too.

Outcome

The application for stay of execution pending the hearing and determination of an appeal is granted.

Authorities cited