[2020] KECA 732 (KLR)

[2020] KECA 732 (KLR)

The Court found that the applicant had demonstrated an arguable appeal based on the draft memorandum of appeal. The Court further held that unless a stay of execution was granted, the developments on the suit property, valued at Kshs.85,000,000/= and constructed by the applicant, would be demolished, thereby...

Source-derived case information.

Citation
[2020] KECA 732 (KLR)
Parties
Applicant: Peter K. Ng'ang'a; Respondent: John W. Karimi; Respondent: The Board of Management, Buruburu Girls Secondary School
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Civil Application 268 of 2019
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
stay of execution granted pending appeal
Judges
DK Musinga, S ole Kantai
Legal Topics
Stay of Execution, Ownership Disputes, Mandatory Injunctions, Appeals Process
Source Language
en
Land and Property Civil Procedure Stay of Execution Ownership Disputes Mandatory Injunctions Appeals Process

Source-derived case record

Summary, issues, holding and outcome

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Parties

Peter K. Ng'ang'a

Applicant

John W. Karimi

Respondent

The Board of Management, Buruburu Girls Secondary School

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has demonstrated an arguable appeal against the judgment of the Environment and Land Court.
  2. 2 Whether the intended appeal would be rendered nugatory if a stay of execution is not granted.
  3. 3 Whether the applicant or 1st respondent has a superior claim to the suit property.

Ratio Decidendi

The Court found that the applicant had demonstrated an arguable appeal based on the draft memorandum of appeal. The Court further held that unless a stay of execution was granted, the developments on the suit property, valued at Kshs.85,000,000/= and constructed by the applicant, would be demolished, thereby rendering the intended appeal nugatory if successful. The Court exercised its discretion to grant a stay of execution of the judgment and decree of the Environment and Land Court pending the hearing and determination of the intended appeal. The Court also directed that the record of appeal be filed within 45 days if not already filed, and that costs of the application would abide the...

Court Disposition

stay of execution granted pending appeal

Orders

  • Stay of execution of the judgment and decree of the Environment and Land Court delivered on 23rd May, 2019 is granted pending hearing and determination of the intended appeal.
  • The record of appeal, if not yet filed, to be filed within 45 days from the date hereof.