Mburu Kinani v Kanyeki Farmers Co-op Society Ltd [2013] [2013] KEHC 449 (KLR)
- Court
- High Court of Kenya
- Case number
- 449
- Citation
- [2013] KEHC 449 (KLR)
- Decided
- 8 November 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal PendingCoramL N WAITHAKA
Holding
The application by the Plaintiff/Applicant cannot be allowed at this stage due to the pending appeal by the Defendant/Respondent.
Facts
The Plaintiff/Applicant sought to release the Certificate of Title of L.R. NO. 3777/80 from the Defendant/Respondent, a cooperative society that was deregistered and appealed against the deregistration.
Issues
- Whether the Plaintiff/Applicant is entitled to possession of the title due to the deregistration of the Defendant/Respondent
- Whether the Plaintiff/Applicant's application is barred by res judicata
Reasoning
The Court maintains the status quo until the appeal pending before the Minister is concluded. The Plaintiff/Applicant is urged to be patient and await the decision of the High Court in regard to the appeal.
Outcome
The application is dismissed and proceedings are stayed pending the appeal.
Orders
- Status quo maintained until the appeal pending before the Minister is concluded
- Proceedings in this case are stayed pending the hearing and determination of the appeal
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules 2010
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.
Loading judgment…