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REPUBLIC v. THE CHIEF LAND REGISTRAR,THE DIRECTOR OF LAND ADJUDICATION & SETTLEMENT & THE DISTRICT LAND REGISTRAR Ex Parte DANIEL OLE KEIYUA TIEPON,SAMUEL PANYAKO SAKAJA,PARAOINKAN OLOMERA,OLE TUNAI KISIKO and LOLEINGABWAL,WILLIAM PARSHOIYO PUYA,MICH

(2000) JELR 94986 (CA)

Court of Appeal  •  civil misc appl 306 of 00[1]  •  6 Dec 2000  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Abdulrasul Ahmed Lakha

Judgement

RULING OF THE COURT

This is an application seeking a stay, under rule 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

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JUDGE OF APPEAL

A.A. LAKHA

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JUDGE OF APPEā€¦

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