[2014] KEELC 357 (KLR)
The court found that the application for stay of execution was not merited because the appellant had not appealed the substantive decision of the High Court or the Appeals Committee. The court's ruling of 16/5/2014 was merely in execution of previous decisions, and the Notice of Appeal appeared to be a tactic to...
Source-derived case information.
- Citation
- [2014] KEELC 357 (KLR)
- Parties
- Appellant: Lawrence Kairu Nyambura; Respondent: Moses Kinyuru Gathogo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 110 of 2008
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Execution
- Outcome
- application dismissed with costs
- Judges
- A Ombwayo
- Legal Topics
- Stay of Execution, Land Boundary Disputes, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence Kairu Nyambura
Appellant
Moses Kinyuru Gathogo
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the appellant is entitled to a stay of execution of the court's ruling dated 16/5/2014.
- 2 Whether the Notice of Appeal filed by the appellant is valid in the absence of an appeal against the substantive decision.
- 3 Whether the application for stay is an attempt to circumvent compliance with previous court orders.
Ratio Decidendi
The court found that the application for stay of execution was not merited because the appellant had not appealed the substantive decision of the High Court or the Appeals Committee. The court's ruling of 16/5/2014 was merely in execution of previous decisions, and the Notice of Appeal appeared to be a tactic to delay compliance rather than a genuine challenge to the underlying orders. The court emphasized that litigation had concluded with the Appeals Committee's decision, and the appellant's failure to pursue an appeal to the Court of Appeal rendered the application for stay baseless. The court also noted the Land Registrar's failure to comply with court orders but found this did not...
Court Disposition
application dismissed with costs
Orders
- The application for stay of execution is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
ENVIRONMENT & LAND COURT
CIVIL APPEAL NO.110 OF 2008
LAWRENCE KAIRU NYAMBURA..................................APPELLANT
VERSUS
MOSES KINYURU GATHOGO...................................RESPONDENT
R U L I N G
The appellant seeks a stay of execution of the ruling of the court dated 16/5/2014. This court made a determination that the Land Registrar do visit the disputed parcel of land and create a boundary according to the acreage held by each party.
The appellant initially appealed against the decision of the Nyeri Provincial Land Appeals Committee which appeal was dismissed. The import of the dismissal was that the Land Registrar was to visit the disputed property and draw the boundary between the two parcels of land. The appellant did not appeal to the Court of Appeal but chose to rest on his laurels. The intended appeal will not reverse the decision of the Appeals' Committee as litigation ended with the said decision.
This court decision on 16/5/2014 was merely to state the rights of the parties and was in execution of the decisions of the Appeals Committee and the High Court. The Notice of Appeal filed by the appellant/applicant appears intended to assist the appellant obtain a stay of execution in this court as no appeal has been preferred against the decision of Justice Sergon dated 29/3/2012.
Moreover, the application appears to cover the contemptuous behavior of the Land Registrar who has failed to obey this court's orders on various occasions. Ultimately, the application is found not merited and the same is dismissed with costs.
Dated, signed and delivered at Nyeri this 9th Day of June 2014
A. OMBWAYO
JUDGE