Koinange Investments and Development Co Ltd v Ngethe & 3 others (Civil Application E758 of 2025) [2026] KECA 819 (KLR) (30 April 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 819
- Citation
- [2026] KECA 819 (KLR)
- Decided
- 30 April 2026
- Judges
- DK Musinga, P Lilan, JO Okello
- Parties
- raw · defendants · plaintiffs
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution of a High Court rulingCoramDK Musinga, P Lilan, JO Okello
Holding
The application is dismissed with costs to the respondents
Facts
The applicant seeks a stay of execution of a High Court ruling dated 17th March 2025, which sought to transfer suit property to the respondents. The respondents moved the High Court to replace the named Deputy Registrar with the current one due to the named officer's retirement.
Issues
- Whether the intended appeal is arguable
- Whether the stay is necessary to prevent irreversibility of the transfer
Reasoning
The court finds the appeal arguable but dismisses the application for stay as the transfer can be reversed and compensated by damages.
Outcome
Dismissed with costs
Remedies
- Award of damages if the appeal succeeds
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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