Moses Saningo Naiguran v Geoffrey Makana Asanyo [2020] KEELC 2818 (KLR)
- Court
- Environment & Land Court
- Case number
- 2818
- Citation
- [2020] KEELC 2818 (KLR)
- Decided
- 12 March 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a stay of proceedingsCoramMohammed Kullow
Holding
The court lacks the requisite jurisdiction to hear and determine the application and dismisses it with costs.
Facts
The Plaintiff sought a temporary order of stay of proceedings and injunctions, alleging that the Defendant had registered a company and transferred the suit land to its name, which was malicious and meant to defeat the ends of justice.
Issues
- Whether the court has jurisdiction to hear and determine the instant application
- Whether the application is res judicata
Reasoning
The court held that the order of stay of proceedings was granted pending the outcome of an appeal, and since the appeal was not yet determined, the jurisdiction of the court to entertain further proceedings is invalid.
Outcome
Dismissed with costs
Authorities cited
Cases cited (2)
- PETER GICHUKI KINGARA -VERSUS- IEBC NYERI CACA NO. 2013
- SAMUEL KAMAU MACHARIA & ANO -VERSUS-KCB AND 2 OTHERS (2012) EKLR
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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