Njenga Kibutha v Jane Ngina Kukan & another; Bemwa Realtors Ltd (Interested Party) [2018] KEELC 366 (KLR)
- Court
- Environment & Land Court
- Case number
- 366
- Citation
- [2018] KEELC 366 (KLR)
- Decided
- 6 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureInterested Party seeks a stay of execution of a court order pending appealCoramS. Okongo
Holding
The application is allowed with conditions
Facts
The court ordered the nullification of the interested party's title in the suit property and registered it in the name of the plaintiff. The interested party has appealed this decision and has entered into agreements for sale with third parties in relation to the suit property.
Issues
- Whether the stay of execution should be granted
- Whether the interested party should be required to deposit security
Reasoning
The court finds that the interested party would suffer substantial loss if the stay is not granted, and the appeal has a high chance of success.
Outcome
The stay of execution is granted pending the appeal
Orders
- Execution of the order is stayed
- Inhibition on registration of further dealings with the suit property is imposed
- Security deposit of Kshs.2,000,000 is required
Remedies
- Stay of execution
- Inhibition on further dealings
- Security deposit
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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