Benedict Obat & 3 others v Pius Onyango Obat [2021] KEELC 4354 (KLR)
- Court
- Environment & Land Court
- Case number
- 4354
- Citation
- [2021] KEELC 4354 (KLR)
- Decided
- 11 February 2021
The appeal is allowed, and a stay of execution of the decree on Ukwala ELC No. 70 of 2018 is granted pending hearing and determination of the appeal. An order of temporary injunction is also granted.
Facts
The appellants (Benedict Obat, Lawrence Oloo Udony, Jacob Ogost Talo, and Peter Oduor Wandei) appealed against a judgment of the Hon. C.N. Sindani Senior Resident Magistrate in Ukwala ELC No. 70 of 2018, which awarded the respondent (Pius Onyango Obat) sole proprietorship of Land Title No. UHOLO/MAGOYA/221 and costs of the suit. The appellants sought a stay of execution of the decree and a temporary injunction.
Issues
- Res judicata
- jurisdiction of the trial court
- delay in filing the application for stay pending appeal
- ownership of the suit land
Reasoning
The court found that the appeal was lodged on time and there was no unreasonable delay in filing the application for stay pending appeal. The court also found that there is a deposit of Kshs. 7,550,000 in the names of the lawyers representing the parties, which serves as security.
Outcome
Appeal allowed
Orders
- Stay of execution of decree on Ukwala ELC No. 70 of 2018 pending hearing and determination of the appeal
- Order of temporary injunction pending hearing and determination of appeal
Remedies
- Stay of execution of decree
- Temporary injunction
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