Waqo v Chure (Environment and Land Appeal E026 of 2024) [2024] KEELC 14043 (KLR) (11 December 2024) (Ruling)

Summary at a glance

Facts

The plaintiff, Rob Hirbo Waqo, claimed ownership of Plot No. 278B Heilu Manyatta Ward, measuring 200 ft by 200 ft, while the defendant, Ali Waqo Chure, claimed ownership of Plot No. 556 Heilu, measuring 100 ft by 50 ft. The lower court had previously issued a judgment and decree in favor of the defendant.

Issues

• Substantial loss and irreparable damage to the subject matter of the appeal
• Whether the applicant has demonstrated substantial and irreparable loss
• Whether the applicant has provided security for the due performance of the decree
• Whether the application for stay is in the interest of justice

Reasoning

The court found that the application lacked merit as the applicant failed to demonstrate substantial and irreparable loss, provide security for the due performance of the decree, or show that the application was in the interest of justice.

Outcome

Appeal dismissed

Orders

• Lower court file to be availed
• Mention on 10.2.2025

Authorities cited