Tabitha Ciomboroki v Twamwari Mumiira [2021] KEELC 63 (KLR)
- Court
- Environment & Land Court
- Case number
- 63
- Citation
- [2021] KEELC 63 (KLR)
The application is dismissed with costs to the respondent.
Facts
The applicant, Tabitha Ciomboroki, sought a stay of execution of a judgment dismissing her suit for adverse possession and an order of status quo to prevent eviction from the subject land. The respondent, Twamwari Mumiira, opposed the application.
Issues
- Whether the applicant is entitled to a stay of execution of the judgment dismissing her suit for adverse possession.
- Whether the applicant has demonstrated substantial loss and offered security for due performance of the decree should the appeal be unsuccessful.
Reasoning
The court dismissed the applicant's suit for adverse possession with no order as to costs. There was no substitution for the deceased party despite directives to that effect. The court has not been shown any decree which has been extracted and served upon the applicant. The applicant has not demonstrated any willingness to offer security for due satisfaction of the decree should the appeal be unsuccessful.
Outcome
Dismissed with costs
Orders
- Status quo orders were granted on 21.9.2020 on humanitarian grounds. The same were also extended on 11.3.2021 on the understanding that an application for substitution be filed within 30 days. To date none has been filed.
Authorities cited
Legislation (2)
- Sections 1A & 1B of the Civil Procedure Act
- Article 159 of the Constitution
Cases cited (3)
- Milcah Jerugo v Fina Bank Ltd
- Mwaura Karuga T/A Limit Enterprises v Kenya Bus Services Ltd
- Vishram Ravji Halai v Thornton & Turpin
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