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Taiko Moriat, Seela Ole Moriati, Parsanga Lenkinyi & Riamet Ole Lenkere v. Melton Lenkakuro, Peter Merin Sesei, Tungungua Ole Ndete, Sirinket Risie, Samuel Kayior Lolkinyie, Leluai Lookwakarara & Teketi Ole Leiksuma

(2009) JELR 94198 (CA)

Court of Appeal  •  Civil Appli 311 of 2008 (UR 206/2008)  •  13 Feb 2009  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Joyce Adhiambo Aluoch, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This being a motion under Rule 5 (2) (b) of the Court of Appeal Rules, the four applicants were bound to satisfy the Court on two well known issues, namely, that they have an arguable appeal, i.e. an appeal which is not frivolous and that if we do not grant to them the orders sought in their motion and their proposed appeal were to succeed in the end that success would have been rendered nugatory by the refusal to grant the orders sought. The applicants were required to meet not one but both of these requirements.

On the material placed before us, we are prepared to hold, and we do in fact hold that even if the proposed appeal is arguable, the appellants have not shown to us how the eventual success of the appeal would be rendered nugatory. The decision of the learned Judge sought to be challenged on appeal did not say that the applicants themselves, as members of the now registered Entarara Group Ranch were to be evicted from the land already registered in the name …

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