Mary Wanjira Njiru v Julia Muthanje Njiru [2013] KEHC 2516 (KLR)
- Court
- High Court of Kenya
- Case number
- 2516
- Citation
- [2013] KEHC 2516 (KLR)
- Decided
- 29 August 2013
Summary at a glance
TypeMiscellaneous ApplicationPostureApplicant seeks a stay or restraint on the respondent from executing a Resident Magistrate's orderCoramB.N. Oloa
The application is dismissed with costs
Facts
The applicant seeks a stay or restraint on the respondent from executing a Resident Magistrate's order removing a caution on land, pending an intended appeal.
Issues
- Whether the applicant has commenced the procedure for instituting an appeal from a subordinate court or tribunal
- Whether the respondent's application is frivolous and an abuse of the court process
Reasoning
The court found that there is no evidence of an appeal being filed against the Resident Magistrate's order, and that the law requires an intention to appeal manifested by a Notice of Appeal.
Outcome
Dismissed
Authorities cited
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