Ahmed & another v Lesirma & 5 others (Civil Application E128 of 2024) [2025] KECA 939 (KLR) (23 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 939
- Citation
- [2025] KECA 939 (KLR)
- Decided
- 23 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution pending appealCoramGW NGENYE-MACHARIA, DR. K. I. LAIBUTA
Holding
The application for stay of execution is allowed, and the appeal is granted.
Facts
The 1st respondent, Simeon S. Lesirma, filed a suit before Mombasa Environment and Land Court seeking a total of eleven orders regarding the ownership of Plot L.R. No. MN/1/6640. The 1st applicant, Ayan Abshir Ahmed and Saadia Malele Ibrahim, appealed the decision and applied for a stay of execution.
Issues
- Ownership of Plot L.R. No. MN/1/6640
- Validity of the 1st respondent's claim
Reasoning
The Court found that the applicants have been in occupation of the suit property for over 15 years and that failure to grant the stay will render the appeal nugatory.
Outcome
The application for stay of execution is allowed.
Orders
- Stay of execution of the Decree and Orders emanating from the Judgement (Kibunja, J.) delivered on 6th November 2024 in ELC Suit No. 224 of 2013 between Simeon S. Lesirma vs. James Wangai Koinange & 6 Others
- Grant any other orders that the Court deems mete and just
- Costs of this application be provided for
Remedies
- Stay of execution of the Decree and Orders
Authorities cited
Cases cited (3)
- Stanley Kang'ethe Kinyanjui vs. Tony Ketter & 5 others (2013) eKLR
- Reliance Bank Limited vs. Norlake Investment Limited (2002) 11 EA 227
- African Safari Club Limited vs. Safe Rentals Limited (2010) eKLR
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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