Marriot Africa International Limited & another v Kangaita Coffee Estates Limited & 10 others; Mbariu & 634 others (Intended Respondent) (Civil Application E448 & E469 of 2025 (Consolidated)) [2026] KECA 204 (KLR) (6 February 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 204
- Citation
- [2026] KECA 204 (KLR)
- Decided
- 6 February 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for stay of execution and injunction pending appealCoramS. GATEMBU KAIRU, MUMBI NGUGI, A. O. MUCHELULE
Holding
The appeal or intended appeal is arguable, and a stay and injunction are necessary to prevent the destruction of the applicant's homes and public amenities.
Facts
James Kanyotu died in 2008, and his estate included Kangaita Coffee Estates Limited. In 2012, the 2nd respondent bought the suit property from the 1st respondent's directors, and the applicant subdivided and sold portions to the intended interested parties.
Issues
- Whether the appeal or intended appeal has arguable grounds
- Whether the appeal or intended appeal will be rendered nugatory
- Whether the stay and injunction are necessary to prevent the destruction of the applicant's homes and public amenities
Reasoning
The applicants are innocent buyers for value without notice and are apprehensive of their titles being cancelled and being evicted from the suit property before the appeal is heard and determined.
Outcome
The application for stay of execution and injunction is granted.
Orders
- Until the appeal and/or intended appeal is heard and determined, the 1st and 4th respondents, or those acting under them, shall not evict the applicant, 3rd respondent and interested parties from the suit property
Remedies
- Prevent the destruction of the applicant's homes and public amenities
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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