[2018] KEELC 2292 (KLR)
The court found that the applicant's claim of being rendered landless was not truthful, as the land parcel in question measured 2.5 acres and the judgment only ordered transfer of one acre. The applicant would still retain a significant portion of land, and the transfer could be reversed if the appeal succeeded....
Source-derived case information.
- Citation
- [2018] KEELC 2292 (KLR)
- Parties
- Applicant: Eliphas Mbaya Arithi; Respondent: Angela Gatumi Mucheke
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 35 of 2015
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed
- Legal Topics
- Stay of Execution, Land Transfer Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Eliphas Mbaya Arithi
Applicant
Angela Gatumi Mucheke
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the judgment delivered on 24.1.2018 pending appeal.
- 2 Whether execution of the judgment would render the applicant landless.
Ratio Decidendi
The court found that the applicant's claim of being rendered landless was not truthful, as the land parcel in question measured 2.5 acres and the judgment only ordered transfer of one acre. The applicant would still retain a significant portion of land, and the transfer could be reversed if the appeal succeeded. Therefore, the applicant failed to demonstrate substantial loss or irreparable harm that would justify a stay of execution. The application for stay was found to be without merit and was dismissed with costs to the respondent.
Court Disposition
application dismissed
Orders
- The application for stay of execution is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 35 OF 2015
ELIPHAS MBAYA ARITHI...................APPLICANT
VERSUS
ANGELA GATUMI MUCHEKE........RESPONDENT
RULING
1. In the application dated 26. 2.2018, applicant prays for a stay of execution of this court’s judgment delivered on 24. 1.2018. The grounds in support of this application are that applicant will be rendered landless if the aforementioned judgment is executed.
2. The application is opposed.
3. The application was canvassed by way of filing written submissions. I have considered the arguments raised herein as well as the rival submissions. What the applicant is advancing before this court is that she has been rendered landless. This is however not the true position. The parcel of land in question is Land Registration No. Nkuene/Mitunguu/861 which is 1. 013 Ha. Equivalent to 2 ½ acres. Applicant is therefore not candid before this court since the judgment ordered for transfer of one acre only. She is therefore not being rendered landless as she claims. The transfer of the one acre of land can be reversed in the event that the appeal is successful.
4. I find that the application is NOT merited. The same is dismissed with costs to respondent (in the application).
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 25TH DAY OF JULY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Rimita for appellant
B.G Kariuki for respondent
HON. LUCY. N. MBUGUA
ELC JUDGE