Daniel Langat & another v Francis Maina Mwangi & another [2014] KEHC 4431 (KLR)
- Court
- High Court of Kenya
- Case number
- 4431
- Citation
- [2014] KEHC 4431 (KLR)
- Decided
- 27 June 2014
The court ordered a stay of execution of the judgment pending the hearing and determination of the appeal, and each party shall bear its own costs.
Facts
The Plaintiffs (Daniel Langat and Geoffrey Langat) sued the Defendants (Francis Maina Mwangi and Teresia Muthoni Maina) over a property known as L.R. NO. MOLO SOUTH/LANGWENDA BLOCK 8/5. The Plaintiffs claimed a proprietary interest in the property, which was registered in the name of the first Defendant.
Issues
- Whether the judgment of the court dated 7th November 2013 should be stayed pending the hearing and determination of the Applicant's appeal.
- Whether the Plaintiffs should deposit the document of title to the land within 30 days from the date of the ruling.
Reasoning
The court granted the stay of execution due to the high chance of success of the Applicant's appeal and the potential loss of the Applicant's proprietary interest in the property.
Outcome
The judgment of the court dated 7th November 2013 was stayed pending the hearing and determination of the appeal.
Orders
- The Applicant shall deposit in this court the document of title to the land known as L.R. No. MOLO SOUTH/LANGWENDA/BLOCK 8/5 within 30 days from the date of this ruling.
- Execution of the judgment shall proceed if the Applicant fails to deposit the document of title within the stipulated time.
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