Mohamed & 8 others v Kajoji & 8 others (Civil Application E027 of 2025) [2025] KECA 2218 (KLR) (19 December 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 2218
- Citation
- [2025] KECA 2218 (KLR)
- Decided
- 19 December 2025
The applicants have not established that the intended appeal will be rendered nugatory, and the notice of motion dated 4th April 2025 lacks merit.
Facts
The applicants claim to be the lawful and registered proprietors of the suit property, purchased and taken possession of in 2013. The 8th respondent, deceased, was a caretaker and not the registered owner. The trial court granted orders allowing the respondents, including unknown individuals, access to and occupation of portions of the suit property, particularly for the Kea Rimba Gona family.
Issues
- Whether the trial court's decision to permit the 8th respondent's family to access and occupy a portion of the land is irregular, unlawful, and contrary to established legal principles.
- Whether the intended appeal will be rendered nugatory due to the trial court's order granting access to the 8th respondent's family on the suit property.
Reasoning
The court found the applicants' submissions to be arguable and worthy of consideration, but the intended appeal will not be rendered nugatory as the substratum of the dispute remains intact.
Outcome
The notice of motion is dismissed with costs.
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