Daniel Nganga Njoroge & another v Lemutaka ole Ntilalei & 3 others [2020] KEELC 2834 (KLR)

Facts

The Plaintiffs filed a suit against the Defendants regarding land parcels in Kitengela, Kenya. The Plaintiffs claim that the Defendants subdivided land parcel Kajiado/Kitengela/23952 further, which was not reflected in the decree. The Plaintiffs seek review of the decree and a stay of execution.

Issues

1. Whether the Decree issued on 27th March, 2019 should be reviewed.
2. Whether the firm of messrs Kariuki E & Company Advocates should be allowed to come on record for the Defendants.
3. Whether there should be a stay of execution of the Judgement delivered on 19th March, 2019.
4. Whether time should be enlarged for the Defendants to lodge their Appeal.

Reasoning

The Court found that the Plaintiffs had discovered new evidence after the execution of the decree, which was not within their knowledge at the time of the decree's issuance. The Court also noted the Defendants' delay in filing the appeal and their use of delaying tactics.

Outcome

The Plaintiffs' application for a stay of execution was granted.

Authorities cited