[1999] KECA 108 (KLR)
The Court granted the applicant's Notice of Motion for injunction and stay of orders/proceedings because the respondents did not oppose the application. In such circumstances, and in the absence of any contest, the Court is entitled to grant the reliefs sought, particularly where the application is properly before...
Source-derived case information.
- Citation
- [1999] KECA 108 (KLR)
- Parties
- Applicant: Samson Kibera Tuaruchiu; Respondent: Minister of Lands & Settlement; Respondent: Director of Lands Adjudication & Settlement; Respondent: District Land Adjudication Officer Meru; Respondent: District Commissioner Meru; Respondent: Francis Mukungi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 300 of 1998
- Procedural Posture
- Civil Application / Application for Injunction and Stay Pending Appeal
- Outcome
- Application granted as prayed in terms of prayers 1 and 2. Costs to be in the intended appeal.
- Legal Topics
- Injunctions, Stay of Proceedings, Land Adjudication, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Samson Kibera Tuaruchiu
Applicant
Minister of Lands & Settlement
Respondent
Director of Lands Adjudication & Settlement
Respondent
District Land Adjudication Officer Meru
Respondent
District Commissioner Meru
Respondent
Francis Mukungi
Respondent
Procedural Posture
Civil Application / Application for Injunction and Stay Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to an injunction and stay of orders/proceedings pending the hearing of the intended appeal.
- 2 Whether the application is opposed by the respondents.
Ratio Decidendi
The Court granted the applicant's Notice of Motion for injunction and stay of orders/proceedings because the respondents did not oppose the application. In such circumstances, and in the absence of any contest, the Court is entitled to grant the reliefs sought, particularly where the application is properly before the Court and falls within the scope of Rule 5(2)(b) of the Court of Appeal Rules. The costs of the application were ordered to be in the intended appeal.
Court Disposition
Application granted as prayed in terms of prayers 1 and 2. Costs to be in the intended appeal.
Orders
- The applicant's Notice of Motion is granted in terms of prayers 1 and 2.
- Costs of the Notice of Motion shall be in the intended appeal.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (Coram: Gicheru, Kwach & Shah, JJ.A.) CIVIL APPLICATION NO. NAI. 300 OF 1998 BETWEEN SAMSON KIBERA TUARUCHIU...............................APPLICANT AND MINISTER OF LANDS & SETTLEMENT.....................1ST RESPONDENT DIRECTOR OF LANDS ADJUDICATION & SETTLEMENT........2ND RESPONDENT DISTRICT LAND ADJUDICATION OFFICER MERU............3RD RESPONDENT DISTRICT COMMISSIONER MERU.........................4TH RESPONDENT FRANCIS MUKUNGI....................................5TH RESPONDENT
(An application for injunction and stay of orders/proceedings under Rule 5(2)(b) Court of Appeal rules in intended appeal against Ruling/Orders of High Court of Kenya at Meru (Etyang, J.) dated 19th November, 1999 in H.C. MISC. NO. 111 OF 1997) ********************* ORDER OF THE COURT:
As counsel for the respondent do not oppose the applicant's Notice of Motion, the same is granted in terms of prayers 1 and 2. Costs of the Notice of Motion shall be in the intended appeal.
Dated and delivered at Nairobi this 6th day of May, 1999.
J.E. GICHERU ............... JUDGE OF APPEAL
R.O. KWACH ............... JUDGE OF APPEAL
A.B. SHAH ............... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR