Hillman & 2 others v Maingey (Suing on His Own Behalf and on Behalf of the Franciscans of Our Lady of Good Counsel Sisters Registered Trustees, David Masika, Evergreen Crops Limited, Waridi Limited, Daniel Mutisya Ndonye and Vallley Brook Capital Limited) & 2 others (Civil Application E179 of 2025) [2026] KECA 115 (KLR) (30 January 2026) (Ruling)

Facts

The 1st respondent sought various declarations that he and other proprietors of adjacent properties are entitled to a right of way across the applicants' properties using the road known as 39 Quarry Road. The applicants denied the 1st respondent's claim and filed a counterclaim alleging wrongful entry and access by the 1st respondent.

Issues

1. Whether the applicants' appeal is arguable and raises serious points of law and fact.
2. Whether the applicants' appeal will be rendered nugatory if the trial court's orders are not stayed.
3. Where the public interest lies in the context of the trial court's injunction and amendment of the deed plan.

Reasoning

The court considers the applicants' appeal to be arguable and raises serious points of law and fact. However, the court does not find that the appeal will be rendered nugatory if the trial court's orders are not stayed, as the delineation of the road can be reversed if the appeal succeeds.

Outcome

Application dismissed with costs to the 1st respondent.

Authorities cited