Ojijo v Ismail & 2 others (Environment and Land Appeal E013 of 2025) [2025] KEELC 18417 (KLR) (18 December 2025) (Ruling)

Ojijo v Ismail & 2 others (Environment and Land Appeal E013 of 2025) [2025] KEELC 18417 (KLR) (18 December 2025) (Ruling)

The applicant failed to demonstrate an arguable appeal or that the appeal would be rendered nugatory if stay is not granted. The application was not made promptly and the applicant did not satisfy the conditions for grant of stay or injunction. The application is without merit and is dismissed with costs.

Citation
[2025] KEELC 18417 (KLR)
Parties
Appellant: Everline Ojijo; 1st Respondent: Yusuf Karanja Ismail; 2nd Respondent: Chris Munga Bichage; 3rd Respondent: Archdiocese of Nairobi Kenya Registered Trustees (in trust for St. Joseph Freinadmetz Catholic Church- Ruai Parish)
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
18 December 2025
Case Number
Environment and Land Appeal E013 of 2025
Procedural Posture
Appeal / Ruling on Interlocutory Application for Injunction and Stay Pending Appeal
Outcome
application dismissed with costs
Legal Topics
Injunctions, Stay of Execution, Appeals, Transfer of Land, Fraudulent Transfer
Source Language
English
Civil Procedure Land Law Injunctions Stay of Execution Appeals Transfer of Land Fraudulent Transfer

Case Brief

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Parties

Everline Ojijo

Appellant

Yusuf Karanja Ismail

1st Respondent

Chris Munga Bichage

2nd Respondent

Archdiocese of Nairobi Kenya Registered Trustees (in trust for St. Joseph Freinadmetz Catholic Church- Ruai Parish)

3rd Respondent

Procedural Posture

Appeal / Ruling on Interlocutory Application for Injunction and Stay Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to an injunction restraining transfer or dealing with Title Number Nairobi/Block 136/5957 pending appeal
  2. 2 Whether the applicant has satisfied the conditions for stay of execution pending appeal
  3. 3 Whether the appeal is arguable and would be rendered nugatory if orders are not granted

Ratio Decidendi

The applicant failed to demonstrate an arguable appeal or that the appeal would be rendered nugatory if stay is not granted. The application was not made promptly and the applicant did not satisfy the conditions for grant of stay or injunction. The application is without merit and is dismissed with costs.

Court Disposition

application dismissed with costs

Orders

  • Application dated 7th March 2025 is dismissed with costs to the respondents.