Peter Mbugua Njoroge (suing as the administrator and legal representative of the Estate of Geoffrey Njoroge Muthee) v Cyrus Waweru Kagunyi & another [2018] KEELC 1068 (KLR)
- Court
- Environment & Land Court
- Case number
- 1068
- Citation
- [2018] KEELC 1068 (KLR)
- Decided
- 24 October 2018
The application for stay of execution of the decree pending appeal is granted. The titles of the suit land and the land parcel Nakuru Municipality Block 3/644 are to be preserved until the appeal is finalized. The applicant is to deposit the taxed costs in a joint interest account within 30 days of taxation.
Facts
The plaintiff, Peter Mbugua Njoroge, filed a suit on behalf of the estate of Geoffrey Njoroge Muthee claiming title to land Nakuru Municipality Block 29/618. The defendant, Cyrus Waweru Kagunyi, claimed good title to the land after exchanging his own land parcel with the third party. The court held that the deceased was the one entitled to ownership of the suit land and ordered the cancellation of the defendant's title and restoration of the title to the deceased's estate.
Issues
- Stay of execution of the decree pending appeal
- Preservation of titles and costs
Reasoning
The court considered the provisions of Order 42 Rule 6 of the Civil Procedure Rules and found that the applicant was entitled to pursue his appeal. The court also noted that the plaintiff has been in possession of the suit land and that the only matter to be stayed is the cancellation of the defendant's title.
Outcome
The application for stay of execution of the decree pending appeal is granted.
Orders
- Preservation of titles of the suit land and Nakuru Municipality Block 3/644 until the appeal is finalized
- Deposit of taxed costs in a joint interest account within 30 days of taxation
Remedies
- Stay of execution of the decree pending appeal
- Preservation of titles and costs
Authorities cited
Legislation (1)
- Civil Procedure Rules
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