Trustees of Kiplombe Kaptich School v Registered Trustees of Catholic Diocese of Eldoret & another (Environment and Land Appeal 31 of 2022) [2023] KEELC 843 (KLR) (14 February 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 843
- Citation
- [2023] KEELC 843 (KLR)
- Decided
- 14 February 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand Dispute AppealPostureApplication for Stay Pending AppealCoramJM ONYANGO
Holding
The applicant lacks locus standi to bring the application and has not met the conditions for stay pending appeal.
Facts
The case involves a dispute over the suit property, which was previously registered in the name of the Principal Secretary Ministry of Education in trust for Craig Secondary School (Kaptich Secondary School). The applicant, Trustees of Kiplombe Kaptich School, seeks a stay of execution pending appeal.
Issues
- Whether the applicant has locus standi to apply for stay of execution pending appeal
- Whether the applicant has met the conditions for stay pending appeal
Reasoning
The court found that the applicant does not have a sufficient interest to sustain his standing in the court and that the conditions for stay pending appeal were not met.
Outcome
The application for stay of execution pending appeal is dismissed.
Orders
- The applicant lacks locus standi to bring the application.
- The applicant has not met the conditions for stay pending appeal.
Authorities cited
Legislation (1)
- Civil Procedure Rules, Order 42, Rule 6
Cases cited (5)
- Law Society of Kenya v Commissioner of Lands & Others, Nakuru HCCC No 464 of 2000
- Migotio Plantations Limited v Paul Wanyama Wafula
- MOM Amin Transporters Limited & another v Alexander Ndung’u Mbugua & 2 others
- Redland Enterprises Limited v Premier Savings & Finance Limited
- Machira t/a Machira & Co Advocates v East African Standard No 2
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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