[2000] KECA 227 (KLR)
The Court found that the applicant was given an opportunity to be heard in the superior court but failed to utilize it. Consequently, the complaint of being denied a hearing was unfounded. Furthermore, the Court was not persuaded that the intended appeal was arguable, nor that the appeal would be rendered nugatory...
Source-derived case information.
- Citation
- [2000] KECA 227 (KLR)
- Parties
- Applicant: Daniel Oke Keiyua Tiepon; Applicant: Samwel Panyako Sakaja; Applicant: Paraoinkan Ololmera; Applicant: Ole Tunai Kisiko; Respondent: Chief Land Registrar; Respondent: Director of Land Adjudication & Settlement; Respondent: District Land Registrar, Trans-Mara District; Applicant: Loleingabwal; Applicant: William Parshoyio Puya; Applicant: Michael Olodirr Seme; Applicant: Moyoi Group Ranch
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 306 of ??
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed with costs
- Judges
- EO O'Kubasu
- Legal Topics
- Stay of Execution, Right to Be Heard, Judicial Review, Land Adjudication
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Oke Keiyua Tiepon
Applicant
Samwel Panyako Sakaja
Applicant
Paraoinkan Ololmera
Applicant
Ole Tunai Kisiko
Applicant
Chief Land Registrar
Respondent
Director of Land Adjudication & Settlement
Respondent
District Land Registrar, Trans-Mara District
Respondent
Loleingabwal
Applicant
William Parshoyio Puya
Applicant
Michael Olodirr Seme
Applicant
Moyoi Group Ranch
Applicant
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant was denied an opportunity to be heard in the superior court.
- 2 Whether the intended appeal is arguable.
- 3 Whether a stay of execution should be granted to prevent the appeal from being rendered nugatory.
Ratio Decidendi
The Court found that the applicant was given an opportunity to be heard in the superior court but failed to utilize it. Consequently, the complaint of being denied a hearing was unfounded. Furthermore, the Court was not persuaded that the intended appeal was arguable, nor that the appeal would be rendered nugatory if a stay was not granted. As both limbs required for the grant of a stay under rule 5(2)(b) were not satisfied, the application for stay failed and was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for stay is dismissed with costs.
Full Case Text
Judgment text and source record
37 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: TUNOI, LAKHA & O'KUBASU, JJ.A.) CIVIL APPLICATION NO. NAI. 306 OF 2000 (147/2000 UR)
IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW AND FOR ORDERS OF MANDAMUS AND PROHIBITION
IN THE MATTER OF: THE CONSTITUTION OF KENYA
IN THE MATTER OF:THE LAND ADJUDICATION ACT, CHAPTER 284 OF THE LAWS OF KENYA
IN THE MATTER OF:THE REGISTERED LAND ACT, CHAPTER 300 OF THE LAWS OF KENYA
IN THE MATTER OF:THE REPUBLIC
VERSUS
EX-PARTE
DANIEL OKE KEIYUA TIEPON …........................................................................ 1ST APPLICANT
SAMWEL PANYAKO SAKAJA …....................................................................... 2ND APPLICANT
PARAOINKAN OLOLMERA ................................................................................ 3RD APPLICANT
OLE TUNAI KISIKO .............................................................................................. 4TH APPLICANT
THE CHIEF LAND REGISTRAR ........................................................................ 1ST RESPONDENT
THE DIRECTOR OF LAND ADJUDICATION & SETTLEMENT.......................2ND RESPONDENT
THE DISTRICT LAND REGISTRAR, TRANS-MARA DISTRICT.....................3RD RESPONDENT
AND
LOLEINGABWAL
WILLIAM PARSHOYIO PUYA
MICHAEL OLODIRR SEME
MOYOI GROUP RANCH .............................................. INTERESTED PARTIES/APPLICANTS
(Application from the Judgment of the High Court of Kenya at Nairobi (Hon. Lady Justice Ang'awa) dated 20th July, 2000
in
H.C.MISC.CIVIL CASE NO. 1680 OF 1999) ***********************
RULING OF THE COURT
This is an application seeking a stay, underrule 5(2)(b) of the Rules of this Court, of a decision of the superior court given on 30 July 1999. The grounds on which a stay may be granted are now well settled: First, the applicant must satisfy us that the intended appeal is arguable. The only complaint urged before us is that the applicant was not granted an opportunity to be heard. But this is not so. It is clear to us that the applicant was given an opportunity but the applicant did not avail himself of this opportunity. The learned judge was plainly right and we are not persuaded that the intended appeal is arguable. Secondly, the applicant must show that unless restrained the appeal would be rendered nugatory. This the applicant has not shown. In our judgment, therefore the application fails and is dismissed with costs.
Dated and delivered at Nairobi this 6th day of December, 2000.
P.K. TUNOI
..................
JUDGE OF APPEAL
A.A. LAKHA
.................
JUDGE OF APPEAL
E. O'KUBASU
.................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR