Esther Kathambi Delfin v M’ibeere Karaine [2021] KEELC 286 (KLR)
- Court
- Environment & Land Court
- Case number
- 286
- Citation
- [2021] KEELC 286 (KLR)
- Decided
- 20 December 2021
The court ordered a stay of execution of the decree and an inhibition order over the title, with the property remaining under the respondent's name for six months. The applicant must surrender the original title deed to the Deputy Registrar within 14 days.
Facts
The plaintiff, Esther Kathambi Delfin, applied for a stay of execution of a decree issued on 22.9.2021 pending appeal, and an inhibition order over title No. Ex-Lewa Settlement Scheme/698. The decree was executed on 22.11.2021. The plaintiff claimed substantial loss due to the likelihood of alienation of the suit land to third parties, while the defendant, M’ibeere Karaine, opposed the application, citing his long-term occupation of the land and the lack of substantial loss.
Issues
- Demonstration of substantial loss
- Offer for security and an undertaking as to costs
- Arguable appeal
Reasoning
The court found no substantial loss demonstrated by the plaintiff, and the defendant's long-term occupation of the land. The court also noted the lack of a draft memorandum of appeal and the need for a reasonable proposal for security and an undertaking as to costs.
Outcome
The application was denied.
Orders
- Stay of execution of decree pending appeal
- Inhibition order over title No. Ex-Lewa Settlement Scheme/698
Remedies
- Preservation of the suit land under the respondent's name for six months
Authorities cited
Legislation (2)
- Civil Procedure Act
- Constitution of Kenya
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