Popular meats products dealer; Farmers Choice Limited, has won the fight concerning the ownership of a piece of land in Kiambu worth 5 billion Kenyan Shillings, and measuring 248 acres.
A court overruled a request by the Kiambu County government which wanted the suspension of the implementation of a ruling that voided the decision by the National Land Commission, to revoke Farmers Choice’s title. What this means is that the company; Farmers Choice will now retain ownership of the land and will also continue to use said land.
The Kiambu County government wanted Justice Lucy Gacheru to order a temporary suspension on the implementation of the judgement she made on the 7th of May 2020 in order to enable it move to the Court of Appeal.
Justice Lucy Gacheru however declined, stating that the request was without merit.
According to her the request did not also have any legal basis since there was no Appeal on record. As a result of that, there was nothing to anchor the Stay Order upon.
The Judge while presiding over the case at the Environment and Land Court in Thika ruled that, “There is no substantive Appeal that has been filed by the county government. No Memorandum of Appeal has been filed.”
Justice Lucy Gacheru stated that there would be no legal justification for the suspension of the judgement’s implementation even if a situation arises where it is discovered that the county government has in fact met the threshold for the granting of a Stay Order.
In the words of the Judge, “Without an appeal and given that time within which to file the appeal has run out and further given that the county government has not produced any evidence that it has sought for extension of time within which to file the appeal, It is thus the court’s considered view that the application has no anchor within which it is to be held.”
The Kiambu County government when urging the court to issue a temporary suspension order, made it known that it has an arguable appeal that has a high chance of success, adding that it is not vexatious or frivolous.
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