[2024] KEELC 4986 (KLR)

[2024] KEELC 4986 (KLR)

The court found that in order to preserve the suit property and prevent any action that could affect the subject matter of the appeal, it was appropriate to issue a status quo order. The court exercised its discretion to maintain the property as is, barring any alienation or adverse dealing, until the appeal is...

Source-derived case information.

Citation
[2024] KEELC 4986 (KLR)
Parties
Appellant: Anne Waringa Mwangi (Legal Representative of the Estate of Esther Nyambura Mwangi); Respondent: Nairobi City County; Respondent: Phylis Wambui Kingori; Respondent: Kenya Commerical Bank Limited
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment and Land Appeal E039 of 2021
Procedural Posture
Environment and Land Appeal / Ruling on Interlocutory Application
Outcome
Application compromised by grant of status quo order; file closed.
Judges
JA Mogeni
Legal Topics
Status Quo Orders, Alienation of Property, Preservation of Suit Property
Source Language
en
Land and Property Status Quo Orders Alienation of Property Preservation of Suit Property

Source-derived case record

Summary, issues, holding and outcome

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Parties

Anne Waringa Mwangi (Legal Representative of the Estate of Esther Nyambura Mwangi)

Appellant

Nairobi City County

Respondent

Phylis Wambui Kingori

Respondent

Kenya Commerical Bank Limited

Respondent

Procedural Posture

Environment and Land Appeal / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether a status quo order should be issued to preserve the suit property pending determination of the appeal.

Ratio Decidendi

The court found that in order to preserve the suit property and prevent any action that could affect the subject matter of the appeal, it was appropriate to issue a status quo order. The court exercised its discretion to maintain the property as is, barring any alienation or adverse dealing, until the appeal is determined. This ensures that the rights of the parties are protected and that the appeal is not rendered nugatory by any intervening acts affecting the property.

Court Disposition

Application compromised by grant of status quo order; file closed.

Orders

  • A status quo order is issued to preserve the suit property as it is, barring any action to alienate the suit property in any way.
  • The application is compromised through the status quo order.