Wakesho v Ali & another (Environment and Land Appeal E001 of 2025) [2025] KEELC 1298 (KLR) (18 March 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1298
- Citation
- [2025] KEELC 1298 (KLR)
- Decided
- 18 March 2025
Summary at a glance
TypeAppealPostureAppellant seeks an order of temporary injunction and stay of costsCoramE. K. Wabwoto
An order of maintenance of the status quo is granted pending the hearing and determination of the appeal
Facts
Wakesho purchased a property from the 2nd Respondent in 2002. The 1st Respondent unlawfully encroached on the property. Wakesho sued the 2nd Respondent and was dismissed without notice. She appealed.
Issues
- Whether the application for temporary injunction and stay of costs meets the threshold for grant
- Whether the applicant has demonstrated physical occupation of the suit property
Reasoning
The court considers the grounds raised in the appeal and balances the interests of both parties. The applicant has not demonstrated physical occupation of the property.
Outcome
Appeal dismissed
Orders
- Status quo maintained pending appeal
- Costs of application to abide the outcome of the appeal
Remedies
- Maintenance of status quo
Authorities cited
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