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Agripina Khati v Richard Livondo Wiranga & another [2019] KEELC 200 (KLR)

[2019] KEELC 200 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
200
Citation
[2019] KEELC 200 (KLR)
Decided
18 December 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous orderCoramN.A. MATHEKA
Holding

The application is dismissed with costs as the appeal is not arguable and the success of the appeal would not be rendered nugatory.

Facts

The appellant/applicant, Agripina Khati, is seeking a stay of the respondents' eviction of her from the suit land, which the respondents have started ploughing. The appellant depends on the land for her daily subsistence.

Issues

  1. Whether the appeal is arguable
  2. Whether the applicant has a sufficient cause to justify a stay

Reasoning

The court finds the appeal not arguable and that the applicant has not fulfilled the grounds to justify a stay. The court is not persuaded that the appeal is frivolous and that the success of the appeal would be rendered nugatory.

Outcome

Appeal dismissed

Orders

  • Application dismissed with costs

Authorities cited

Cases cited (1)
  • Carter & Sons Ltd vs Deposit Protection Fund Board & 2 Others Civil Appeal No. 291 of 1997
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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