Customer Support

SUSAN NJERI NJOROGE & ANOR
V.
GEOFFREY THIONG'O KAMAU

(2020) JELR 93214 (CA)

Court of Appeal 7 Aug 2020 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Application 56 of 2020
Judges:Jamila Mohammed, Sankale ole Kantai, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Susan Njeri Njoroge & another as personal representatives of the Estate of Francis Njoroge Mwaniki (Deceased) v. Geoffrey Thiong'o Kamau [2020] eKLR

RULING OF THE COURT

1. The applicants by their application dated 26th January 2020 seek an order of stay of execution of the judgment of the Environment and Land Court (Bor, J.) given on 6th December 2018 in ELC Case No. 154 of 2010. By that judgment, the Environment and Land Court (ELC) decreed that the respondent is entitled to be registered as the proprietor of an acre out of the property known as Loc. 16/Ndonyo Chege 305. The applicants were directed by the court to execute a transfer to convey the same to the respondent and in default the Deputy Registrar of the ELC was authorized to sign all necessary documents on behalf the applicants.

2. In the supporting affidavit, Peter Muchiri Njoroge deposes that the suit property is ancestral land; that in granting judgment in favour of the respondent, the ELC failed to have regard to legal principles on adverse possession; and that the applicants are apprehensive that once the property is transferred to the respondent as ordered by the ELC…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.