SAMMY MWANGANGI & 9 OTHERS V COMMISSIONER OF LANDS & 9 OTHERS [2012] KEHC 688 (KLR)
- Court
- High Court of Kenya
- Case number
- 688
- Citation
- [2012] KEHC 688 (KLR)
- Decided
- 6 November 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment dated 9th July 2012CoramG.K. KIMONDO
Holding
The plaintiffs' notice of motion is dismissed with costs to the defendants.
Facts
The plaintiffs claim prescriptive rights over unalienated government land, while the defendants hold registered title over the suit land. The plaintiffs seek a stay of execution of the decree pending an appeal.
Issues
- Whether the plaintiffs' appeal is arguable
- Whether the plaintiffs would suffer substantial loss by execution of the decree
- Whether the defendants should be granted security for due performance of the decree
Reasoning
The court finds that the plaintiffs have not persuaded it that they would suffer substantial loss by execution of the decree or that their appeal would be rendered nugatory. The plaintiffs have not made an offer for security for due performance of the decree.
Outcome
Appeal dismissed
Orders
- The plaintiffs' notice of motion dated 24th July 2012 is hereby dismissed with costs to the 9th and 10th defendants.
Authorities cited
Cases cited (4)
- Butt Vs Rent Restriction Tribunal [1982] KLR 417
- Attorney General Vs Emerson and others 24 QBD [1889] 56
- Madhupaper International Limited Vs Kerr [1985] KLR 840
- Ngugi Kimuhu Vs Wagutu Mwaniki and another Nairobi, High Court case 600 of 1985 (unreported)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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