Okech v Dado & 2 others (Suing as the Administrator of the Estate of David Tado Nyabola); District Lands Registrar, Busia (Interested Party) (Environment and Land Appeal E004 of 2023) [2024] KEELC 1216 (KLR) (7 March 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1216
- Citation
- [2024] KEELC 1216 (KLR)
- Decided
- 7 March 2024
Summary at a glance
TypeLand Dispute AppealPostureAppeal Admitted to HearingCoramBN OLAO, Ringera
The Court grants the stay of proceedings pending the hearing and determination of the appeal.
Facts
The dispute over the ownership of land parcel No Bukhayo/Bugengi/1190 is pending determination in the Chief Magistrates Court. The Respondents sought an injunction pending the appeal.
Issues
- Whether the land parcel was in existence on the date of the impugned ruling.
- Whether the appeal is arguable and not frivolous.
Reasoning
The appeal is arguable and the Respondents have not demonstrated that the appeal would be rendered nugatory if the proceedings are not stayed.
Outcome
Stay of proceedings granted pending the hearing and determination of the appeal.
Remedies
- Stay of proceedings
Authorities cited
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