Ledero Group Ranch v Nauneri Group Ranch [2021] KEELC 1177 (KLR)
- Court
- Environment & Land Court
- Case number
- 1177
- Citation
- [2021] KEELC 1177 (KLR)
- Decided
- 28 October 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeBoundary DisputePostureAppeal from the dismissal of an appeal against a decision of the Land RegistrarCoramY. M. ANGIMA, CA - Carol
Holding
The Appellant's notice of motion dated 20th March, 2021 is hereby dismissed with costs to the Respondent.
Facts
The Appellant filed an appeal against the Land Registrar's decision on a boundary dispute, but the court dismissed the appeal. The Appellant then sought a stay of execution of the Land Registrar's decision and related proceedings.
Issues
- Whether the Appellant has made out a case for a stay of execution under Order 42 Rule 6 of the Civil Procedure Rules
- Whether taxation or payment of costs can result in substantial loss or render the intended appeal nugatory
Reasoning
The court found that the ruling sought to be stayed was not made by this court, and that taxation or payment of costs cannot result in substantial loss or render the intended appeal nugatory. The court also noted that the disputed land can still be recovered by the successful party upon conclusion of the appeal.
Outcome
Appeal dismissed
Orders
- The Appellant's notice of motion dated 20th March, 2021 is hereby dismissed with costs to the Respondent.
Authorities cited
Legislation (2)
- Civil Procedure Act (Cap. 21)
- Civil Procedure Rules, 2010
Cases cited (9)
- Paul Kamura Kirunge v John Peter Nganga [2019]eKLR
- James Wangalwa & Another v Agnes Naliaka Cheseto [2012]eKLR
- Apar Industries Ltd v Joe Freighters Limited [2015] eKLR
- Butt v Rent Restriction Tribunal [1979] eKLR
- Halai & Another v Thornton & Turpin [1963] Ltd [1990]eKLR
- Century Oil Trading Company Ltd v Kenya Shell Limited Nairobi HCMCA NO 1561 of 2007
- Victory Construction v BM (a Minor suing through next friend one PMW) [2019]eKLR
- Western College of Arts & Applied Sciences v Oranga & Others [1976] KLR 63
- Kenya Shell Limited v Benjamin Kabiru & Another [1986] 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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