[2005] KEHC 2545 (KLR)
The court found that the prayers sought by the applicant were only for the duration of the application itself and not pending the determination of the substantive appeal. As the application had already been heard inter partes and the ruling was being delivered, any orders granted would be immediately spent and serve...
Source-derived case information.
- Citation
- [2005] KEHC 2545 (KLR)
- Parties
- Applicant: Nashon Oinga Odwera; Respondent: George Ndiege Okore
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 39 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Stay and Injunction
- Outcome
- application dismissed
- Legal Topics
- Stay of Execution, Temporary Injunctions, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nashon Oinga Odwera
Applicant
George Ndiege Okore
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay and Injunction
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the judgment of Migori Land Dispute Tribunal Case No.4 of 2004 pending hearing of the application.
- 2 Whether the applicant is entitled to a temporary injunction restraining the respondent from occupying Land No. SUNA EAST/WASWETA/1/302 pending hearing of the application.
Ratio Decidendi
The court found that the prayers sought by the applicant were only for the duration of the application itself and not pending the determination of the substantive appeal. As the application had already been heard inter partes and the ruling was being delivered, any orders granted would be immediately spent and serve no practical purpose. Therefore, the application lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT KISIIMISC. CIVIL APPL. NO.39 OF 2005NASHON OINGA ODWERA ………………………………… APPLICANTVERSUSGEORGE NDIEGE OKORE …………………………………. RESPONDENT
RULING
The applicant seeks for stay of execution of judgment of Migori Land Dispute Tribunal Case No.4 of 2004 pending of hearing this application ex parte.
He also prays for temporary injunction against the respondent restraining him, his agents or servants from occupation of Land No. SUNA EAST/WASWETA/1/302 pending the hearing of this application inter partes.
I have considered the application and find it has no merit. Indeed the applicant states in submission that there is an appeal against the decision of the Tribunal pending at Kisumu before the Provincial Land Dispute Tribunal. However both prayers 2 & 3 seeks for Orders only for the life span of the application. He does not seek to have the stay and an injunction pending the determination of the appeal. Even if I grant the orders sought they will stand spent immediately I finish pronouncing them as he seeks the orders pending the hearing of the application inter parties. The court has already heard the application inter parties and today’s ruling disposes off the application.
There is therefore no point of issuing orders which will serve no purpose.
The application is therefore dismissed.
Dated 24th May 2005 KABURU BAUNI JUDGE
cc. Mobisa N/A for Applicant. Respondent present. KABURU BAUNI JUDGE