Gitonga v Marangu (Sued as administratix of the Estate of Jonah M Muthuri) & another (Civil Appeal (Application) E052 of 2025) [2025] KECA 2158 (KLR) (11 December 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 2158
- Citation
- [2025] KECA 2158 (KLR)
- Decided
- 11 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for stay status quo pending determination of the appealCoramW. KARANJA, S. ole KANTAI, ALI - ARONI
Holding
The application is dismissed with costs to the 1st respondent.
Facts
The applicant, Sylvia Gitonga, sought to be joined as an interested party in a previous suit regarding the property Abogeta/L-Kiringa/6, which she claims is a subdivision. The applicant bought the property from Jennifer Mworia, but disputes the judgment of the High Court dated 23rd March, 2023, which dismissed her appeal.
Issues
- Whether the applicant should be granted a stay of execution of the judgment dated 23rd March, 2023 pending hearing of the appeal
- Whether the judgment dated 23rd March, 2023 is arguable and not rendered nugatory
Reasoning
The Court finds that the applicant has not shown an arguable appeal and that the application is brought more than 30 years after the judgment of the Magistrate's Court and 1 year after the judgment of the High Court.
Outcome
Application dismissed
Orders
- Application dated 10th April, 2024 is dismissed with costs to the 1st respondent
Authorities cited
Cases cited (1)
- Mwanthii & 2 Others vs. Mukami (Civil Appeal (Application) E124 of 2024) [2024] KECA 624 (KLR) (24 May 2024) (Ruling)
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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