Joel Ndiritu Ndiang’ui v Ann Kabura Chomba [2020] KEELC 1725 (KLR)
- Court
- Environment & Land Court
- Case number
- 1725
- Citation
- [2020] KEELC 1725 (KLR)
The court finds that the applicant has not satisfactorily discharged the conditions warranting the grant of stay of execution of decree pending appeal. The court does not grant the stay.
Facts
The applicant, Joel Ndiritu Ndiang’ui, claims to have been allotted land parcel No. LR Marmanet/North Rimuruti Block 2/4623 by Laikipia West Farmers Company Limited in 1976. He settled his brother, Robert Mwaniki, and his family on the land, which was the subject of a decree issued by the trial court. The decree ordered the Respondent, Ann Kabura Chomba, to be the legal owner of the land, and a permanent injunction was issued against the applicant.
Issues
- Whether the applicant has satisfactorily discharged the conditions warranting the grant of stay of execution of decree pending appeal.
- What orders this court should make.
Reasoning
The court considers that the applicant is not in occupation of the suit land and that the Respondent is not desirous of disposing off the subject suit. The court finds that the applicant has not demonstrated substantial loss that would result if the stay is not granted.
Outcome
The application for stay of execution of the decree is dismissed.
Orders
- The application for stay of execution of the decree in Nyahururu CMC ELC No. 56 of 2018 is dismissed.
- The court does not make any other orders.
Authorities cited
Legislation (1)
- Civil Procedure Rules, Order 42 Rule 6
Cases cited (4)
- Mukuma v Abuoga (1988) KLR 645
- Charles Wahome Gethi v Angela Wairimu Gethi (2008) eKLR
- Kenya Shell Ltd v Kibiru & Another (1986) KLR 410
- Machira T/A Machira & Co Advocates v East African Standard (No 2) (2002) KLR 63
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