Imathiu v Brenchley (The Legal Representative of the Estate of David Lee Brenchley) (Civil Application E129 of 2024) [2025] KECA 395 (KLR) (21 February 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 395
- Citation
- [2025] KECA 395 (KLR)
- Decided
- 21 February 2025
The motion to stay the judgment is dismissed with costs.
Facts
The respondent sued the appellant for an order to transfer land to her, claiming the appellant held the land in trust for the deceased husband. The Environment and Land Court found the appellant held the land in trust for the deceased husband and ordered the transfer. The appellant appealed, arguing he is the registered proprietor and the transfer would render his appeal nugatory.
Issues
- Whether the appellant is the registered proprietor of the land
- Whether the judgment should be stayed pending the appeal
Reasoning
The court finds the appellant did not satisfy the requirement to show the appeal would be rendered nugatory if the judgment is not stayed. The court also notes the respondent has no intention of disposing of the land and the appellant cannot be compensated in damages if the appeal succeeds.
Outcome
Motion dismissed
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