Samuel Sawe Nyangena v Japhet Kisaje & another [2018] KEHC 4923 (KLR)
- Court
- High Court of Kenya
- Case number
- 4923
- Citation
- [2018] KEHC 4923 (KLR)
- Decided
- 17 July 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment Decree of the Senior Principal Magistrate Hon. P.C. Biwott in Kitale Civil suit No. 186 of 2016CoramH.K. CHEMITEI
Holding
The application is dismissed with costs.
Facts
The appellant, Samuel Sawe Nyangena, filed an application for stay of demolition of his property, which was not granted. As a result, his property was demolished. He now appeals against the dismissal of his application for stay.
Issues
- Whether the court's ruling dismissing the application for stay was biased.
- Whether the court should transfer the matter to Eldoret due to the appellant's loss of faith.
Reasoning
The court found that the appellant's claim was Kshs 3,374,590 together with costs and interest, which he lost. The court also noted that the question of demolition of his property did not feature in the application which was dismissed.
Outcome
Appeal dismissed
Orders
- Application dismissed with costs
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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