Nur & 3 others v Tahir Sheikh Said Investments Limited; Shami Motors Limited (Interested Party) (Enviromental and Land Originating Summons 162 of 2018) [2024] KEELC 3712 (KLR) (23 April 2024) (Ruling)

Summary at a glance

Facts

The Plaintiffs claim adverse possession over Plot No. 154 Section XXI Mombasa Island, which is charged to Bank of Africa Limited. The Defendant seeks to nullify the sale of the property to the Interested Party. A previous suit (Mombasa HCC No. 57 of 2016) was filed by the Defendant challenging Bank of Africa's right to sell and the Interested Party's right to acquire the property. The Interested Party opposed the injunction.

Issues

• Whether the proceedings of this suit can be stayed?
• Whether the sale of the property was lawful and title has lawfully passed to the Interested Party?

Reasoning

The court finds that there is a risk of conflicting decisions if this suit is heard before the suit filed by the Interested Party. The court grants a stay of proceedings.

Outcome

The suit is stayed pending the hearing of Mombasa ELC No. E049 of 2023.

Orders

• This suit be stayed pending the hearing and determination of Mombasa ELC No. E049 of 2023.
• The costs of this application be in the cause.

Authorities cited