Regina Gathoni v Samuel Wainaina Githacuri [2021] KEELC 2204 (KLR)
- Court
- Environment & Land Court
- Case number
- 2204
- Citation
- [2021] KEELC 2204 (KLR)
- Decided
- 9 August 2021
Summary at a glance
Facts
Appellant brought an application for enlargement of time to file an appeal against a ruling by the Senior Principal Magistrate in Kikuyu Principal Magistrates’ Court Suit No. 25 of 2020. The Respondent filed an application for an injunction seeking to restrain the Appellant and the County Government of Kiambu from dealing with the Suit Property.
Issues
- Whether the court should stay the orders issued by the Learned Magistrate on 30/7/2020.
- Whether the court should enlarge the time for the Appellant to lodge her appeal.
Reasoning
The court notes that the orders restraining the Appellant from dealing with the Suit Property ought not to have issued against her if she does not own land next to the Respondent's land. The court grants the stay of the orders pending the determination of whether there was encroachment on the Respondent's land.
Outcome
The court grants the stay of the orders pending the determination of whether there was encroachment on the Respondent's land.
Orders
- The court grants the orders sought in the application dated 16/11/2020. The Applicant will file and serve her appeal within 30 days of the date of this ruling.
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