[2022] KEELC 2470 (KLR)
The court found that the application for stay of execution pending appeal had been overtaken by events because the decree had already been executed and the applicant's title cancelled. As such, granting the orders sought would serve no practical purpose and would amount to granting orders in vain. The court...
Source-derived case information.
- Citation
- [2022] KEELC 2470 (KLR)
- Parties
- Plaintiff: Rural Housing Estates Ltd; Defendant: Mohammed Iftekhar Ghani; Third Party: Musa Kipkemboi Kitur (Administrator of the Estate of Ahmed Malakwen Arap Sisiwa)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case Civil Suit 237 of 2012
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application dismissed with costs to the respondent
- Judges
- EO Obaga
- Legal Topics
- Stay of Execution, Eviction Orders, Title Cancellation, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rural Housing Estates Ltd
Plaintiff
Mohammed Iftekhar Ghani
Defendant
Musa Kipkemboi Kitur (Administrator of the Estate of Ahmed Malakwen Arap Sisiwa)
Third Party
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the court should grant a stay of execution pending appeal after the decree has already been executed.
- 2 Whether granting the orders sought would serve any practical purpose given the cancellation of the applicant's title.
Ratio Decidendi
The court found that the application for stay of execution pending appeal had been overtaken by events because the decree had already been executed and the applicant's title cancelled. As such, granting the orders sought would serve no practical purpose and would amount to granting orders in vain. The court therefore dismissed the application with costs to the respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- The application for stay of execution pending appeal is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
22 paragraphs
Rural Housing Estates Ltd v Ghani; Sisiwa (Third party) (Administrator of the Estate of Ahmed Malakwen Arap Sisiwa) (Environment and Land Case Civil Suit 237 of 2012) [2022] KEELC 2470 (KLR) (14 July 2022) (Ruling)
Neutral citation: [2022] KEELC 2470 (KLR)
Republic of Kenya
In the Environment and Land Court at Eldoret
Environment and Land Case Civil Suit 237 of 2012
EO Obaga, J
July 14, 2022
Between
Rural Housing Estates Ltd
Plaintiff
and
Mohammed Iftekhar Ghani
Defendant
and
Musa Kipkemboi Kitur
Third party
Administrator of the Estate of Ahmed Malakwen Arap Sisiwa
Ruling
1. This is a ruling in respect of a Notice of motion dated 1st July, 2021 in which the Plaintiff/Applicant seeks stay of execution pending appeal. The Defendant/Respondent had sued the Respondents in which the Respondent sought an order of eviction against the Applicant from LR No. Eldoret Municipality Block 15/2309 as well as general damages for trespass and costs.
2. The Respondent filed a defence and raised a counter-claim in which he sought cancellation of the title held by the Applicant. In a judgment delivered on 16th June, 2021, the Applicant’s suit was dismissed and the Respondent’s counter-claim was allowed.
3. The Applicant was granted 30 days stay of execution which lapsed. The Respondent moved fast and executed the decree after the lapse of the 30 days stay of execution. The title in favour of the Applicant was cancelled on 24th August, 2021 in accordance with the judgment of the court. This being the case, I find that the application has been overtaken by events and the court will not give orders in vain. The Applicant’s application is therefore dismissed with costs to the Respondent.It is so ordered.
DATED, SIGNED AND DELIVERED AT ELDORET ON THIS 14TH DAY OF JULY, 2022. E. OBAGAJUDGEIn the virtual presence of;Ms. Ketta for Applicant.Court Assistant –AlbertE. OBAGAJUDGE14THJULY, 2022