Stephen Kibowen v Agricultural Finance Corporation [2015] KEHC 4558 (KLR)
- Court
- High Court of Kenya
- Case number
- 4558
- Citation
- [2015] KEHC 4558 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay pending appealCoramthe presiding judge
Holding
The application for stay pending appeal is disallowed
Facts
AFC provided financial facilities to Jeruto Tengekyon, who owned land parcel Lembus/Kilombe/157. AFC offered the land for public auction, and the plaintiff, Stephen Kibowen, was declared the highest bidder. AFC unilaterally revoked the sale and refused to transfer the property to Kibowen.
Issues
- Whether the defendant should be compelled to transfer the property to the plaintiff
- Whether the application for stay pending appeal should be granted
Reasoning
The court found that the defendant has not demonstrated substantial loss and has not provided security for the decree. The court also noted that the appeal is not yet served and that the defendant is not in occupation of the suit land.
Outcome
The application for stay pending appeal is disallowed
Orders
- Land to be transferred to the plaintiff but no further dealings pending the appeal
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…