[1997] KECA 123 (KLR)
The Court found that the applicants, by their own admission, were not in occupation of the suit property LR. Nyandarua/S.Kinangop/750 and that the judgment did not affect them. Consequently, they lacked sufficient interest or standing to seek a stay of execution. The application was deemed a waste of time and did...
Source-derived case information.
- Citation
- [1997] KECA 123 (KLR)
- Parties
- Applicant: Mugo Waithaka; Applicant: Njihia Mugo; Applicant: Ndungu Mugo; Applicant: Mwangi Mugo; Respondent: Mwaura Gitau
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 58 of 1997
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed with costs
- Legal Topics
- Stay of Execution, Appeals Process, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mugo Waithaka
Applicant
Njihia Mugo
Applicant
Ndungu Mugo
Applicant
Mwangi Mugo
Applicant
Mwaura Gitau
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicants are entitled to a stay of execution pending appeal.
- 2 Whether the applicants have demonstrated sufficient interest or occupation in the suit property to warrant the relief sought.
Ratio Decidendi
The Court found that the applicants, by their own admission, were not in occupation of the suit property LR. Nyandarua/S.Kinangop/750 and that the judgment did not affect them. Consequently, they lacked sufficient interest or standing to seek a stay of execution. The application was deemed a waste of time and did not merit the relief sought. The interim stay previously granted was ordered to lapse, and the application for stay was dismissed with costs to the respondent.
Court Disposition
application dismissed with costs
Orders
- The application for stay of execution is dismissed with costs to the respondent.
- The interim stay granted on 1.4.1997 lapses.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: KWACH, AKIWUMI & SHAH, JJ.A.)
CIVIL APPLICATION NO. NAI. 58 OF 1997 (UR.26/97)
BETWEEN
1. MUGO WAITHAKA
2. NJIHIA MUGO
3. NDUNGU MUGO
4. MWANGI MUGO ....................................... APPLICANTS
AND
MWAURA GITAU ........................................ RESPONDENT
(An application for stay of execution pending an Appeal from the Judgment/Decree of the High Court of Kenya at Nakuru (Justice Rimita) dated 5th day of February, 1996 in H.C.C.C. NO. 111 OF 1989) **********
RULING OF THE COURT
The applicants are not by their own admission in occupation of the suit plot LR. Nyandarua/S.Kinangop/750 in respect of which judgment was given, which does not affect the applicants at all. Their application is a waste of time which does not deserve the relief that they seek. Their application for stay is hereby dismissed with costs. The interim stay granted on 1. 4.1997 lapses.
Dated and delivered at Nairobi this 11th day of April, 1997.
R. O. KWACH
................
JUDGE OF APPEAL
A. M. AKIWUMI
................
JUDGE OF APPEAL
A. B. SHAH
................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.