Inuka Afrika Properties Limited v Karisa & 3 others (Civil Application E043 of 2025) [2026] KECA 308 (KLR) (20 February 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 308
- Citation
- [2026] KECA 308 (KLR)
- Decided
- 20 February 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution and injunctionCoramJM NGUGI, Makori, Mukunya
Holding
The court granted a stay of execution of the judgment pending determination of the appeal.
Facts
The applicant, Inuka Afrika Properties Limited, appealed against a judgment and decree issued by Makori, J. in Malindi ELC Case No. E038 of 2023, which ordered eviction and cancellation of the suit property's title.
Issues
- Whether the applicant has an arguable appeal
- Whether the appeal would be rendered nugatory if the stay of execution and/or injunctive orders are not granted
Reasoning
The court found that the applicant had arguable grounds for appeal and that the appeal would be rendered nugatory without the stay.
Outcome
Stay of execution granted
Orders
- Stay of execution of the judgment pending determination of the appeal
Authorities cited
Cases cited (2)
- Stanley Kangethe Kinyanjui vs. Tony Ketter & 5 others (2013) KECA 378 (KLR)
- Githunguri vs. Jimba Credit Corporation Ltd. (No. 2) (1988) KLR 838
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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