Wilson Mwirigi Manyara & another v Moffat Gichuru Manyara [2020] KEELC 2442 (KLR)
- Court
- Environment & Land Court
- Case number
- 2442
- Citation
- [2020] KEELC 2442 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment in a land disputeCoramHON. LUCY. N. MBUGUA, ELC JUDGE
Holding
The application is not merited and is dismissed with costs to the respondents
Facts
The applicant (Moffat Gichuru) seeks an order of stay of execution of the judgment delivered on 16.1.2020 pending the determination of an appeal. He contends that he has been in actual possession and occupation of the suit land and has equitable rights on it.
Issues
- Whether the applicant's application for an order of stay of execution of the judgment is merited
- Whether the intended appeal is res-sub judice to Meru PMCC no. 15 of 2019
Reasoning
The court found that the applicant's application is not merited due to the irregularity of filing Nkubu PM ELC no.15 of 2019 after losing in Meru ELC no. 54 of 2015, and the court's previous pronouncement in Meru ELC No. 54 of 2015.
Outcome
The application is dismissed
Orders
- The application is dismissed with costs to the respondents
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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