Tireito v Lagat & 2 others (Environment and Land Case 441 of 2012) [2025] KEELC 6213 (KLR) (25 September 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 6213
- Citation
- [2025] KEELC 6213 (KLR)
- Decided
- 25 September 2025
Summary at a glance
TypeLand DisputePostureAppeal from a previous rulingCoramCK YANO, Obaga, Onyango, Sila Munyao
The Plainti/ Applicant’s Notice of Motion is dismissed with costs to the Defendants/Respondents
Facts
Joseph Tireito sued Jacob Lagat and others for trespassing and damages. A consent order was recorded, and a judgment was delivered granting Tireito 2.5 acres from Luliet 2. The 2nd and 3rd Respondents appealed, but their appeals were dismissed. Tireito then filed an application for beacons and document signing, which was dismissed.
Issues
- Whether to grant a stay of execution of the previous ruling pending the appeal
- Whether to order the placement of beacons and document signing
Reasoning
The Court dismissed the application as it was a negative order incapable of execution and the court cannot order a stay of execution.
Outcome
Appeal dismissed
Orders
- Plaintiff’s Notice of Motion dismissed
- County Surveyor to place beacons on the excised 2.5 acres
Remedies
- Costs to the Defendants/Respondents
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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