[1997] KECA 320 (KLR)
The Court found that the applicants had no substantial claim to the property in question, as their only evidence was letters of allocation from the City Commission, which did not amount to title. The respondent, on the other hand, held registered title to the property. The Court held that the applicants had not...
Source-derived case information.
- Citation
- [1997] KECA 320 (KLR)
- Parties
- Applicant: Evanson K. Njoroge; Applicant: Dr. Kamenwa Njenga; Respondent: Kebirigo General Stores Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 318 of 1996
- Procedural Posture
- Stay Application / Application for Stay Pending Intended Appeal
- Outcome
- applications dismissed with costs to the respondent
- Judges
- JE Gicheru
- Legal Topics
- Stay of Execution, Injunctions, Title to Land, Trespass
- 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
Evanson K. Njoroge
Applicant
Dr. Kamenwa Njenga
Applicant
Kebirigo General Stores Limited
Respondent
Procedural Posture
Stay Application / Application for Stay Pending Intended Appeal
Legal Issues
- 1 Whether the applicants have an arguable appeal warranting a stay of the High Court's injunction order.
- 2 Whether the applicants have a sufficient claim to the property to justify a stay of the injunction restraining them from trespassing.
Ratio Decidendi
The Court found that the applicants had no substantial claim to the property in question, as their only evidence was letters of allocation from the City Commission, which did not amount to title. The respondent, on the other hand, held registered title to the property. The Court held that the applicants had not demonstrated an arguable appeal against the High Court's order granting an injunction. Consequently, the requirements for granting a stay of execution under Rule 5(2)(b) of the Court of Appeal Rules were not met. The applications for stay were therefore dismissed as unmeritorious.
Court Disposition
applications dismissed with costs to the respondent
Orders
- The consolidated applications for stay are dismissed.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, Omolo & Lakha, JJ.A.) CIVIL APPLICATION NO. NAI. 318 OF 1996 (UR.122/96)
BETWEEN
EVANSON K. NJOROGE..................................1STAPPLICANT DR. KAMENWA NJENGA..................................2NDAPPLICANT AND KEBIRIGO GENERAL STORES LIMITED....................RESPONDENT
(An application for stay pending an intended appeal from the ruling of the High Court of Kenya at Nairobi (Hayanga, J.) dated 12th February, 1996
in H.C.C.C. NO. 2891 OF 1995) **********************
RULING OF THE COURT:
Applications Nos. 318 and 319 both of 1996 have been consolidated and have been argued together. The two applications are seeking stay of the order of the superior court granting an injunction restraining the applicants from trespassing upon the respondent's property L.R. 209/12222 to which it has title. Apart from some letters of allocation from the City Commission the applicants have no other claim to the said property. Upon this, we do not consider that they have an arguable appeal to this Court against the order of the superior which they now seek to have stayed underrule 5 2(b) of the Rules of this Court pending hearing and disposal of their intended appeal. In the result, we think that the two consolidated applications are unmeritorious and the same are dismissed with costs to the respondent.
Dated and delivered at Nairobi this 10th day of March, 1997.
J.E. GICHERU
..............
JUDGE OF APPEAL
R.S.C. OMOLO
..............
JUDGE OF APPEAL
A.A. LAKHA
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR