[2022] KEELC 14522 (KLR)

[2022] KEELC 14522 (KLR)

The court found that the defendant demonstrated the risk of substantial loss if stay was not granted, as the transfer and occupation of the 600 acres by the plaintiffs would disrupt ongoing activities and render the intended appeal nugatory. The application for stay was made without unreasonable delay, and the plaintiffs would not suffer prejudice as they did not currently occupy the land in question. Granting stay would maintain the status quo pending appeal. The court was persuaded that the defendant met the legal threshold for stay of execution and allowed the application accordingly.

Citation
[2022] KEELC 14522 (KLR)
Parties
Plaintiff: Tarcisio Nyaga Gichuki, James King’ori Mwai, Paul Murage Ndiang’ui, Joseph Macharia Muiruri, Josephine Njeri Kanyi, Eusebio Wachira Wanjau (Suing on behalf and as officials on behalf of Mathari Villagers Self Help Project’s membership); Defendant: Registered Trustees Catholic Archdiocese of Nyeri
Court
Environment and Land Court
Court Station
Environment and Land Court at Nyeri
Jurisdiction
Kenya
Judgment Date
3 November 2022
Case Number
Enviromental and Land Originating Summons 119 of 2013
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution pending appeal allowed.
Judges
JO Olola
Legal Topics
Stay of Execution, Substantial Loss, Appeal Procedure, Transfer of Land
Source Language
English
Land and Property Civil Procedure Stay of Execution Substantial Loss Appeal Procedure Transfer of Land

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Parties

Tarcisio Nyaga Gichuki, James King’ori Mwai, Paul Murage Ndiang’ui, Joseph Macharia Muiruri, Josephine Njeri Kanyi, Eusebio Wachira Wanjau (Suing on behalf and as officials on behalf of Mathari Villagers Self Help Project’s membership)

Plaintiff

Registered Trustees Catholic Archdiocese of Nyeri

Defendant

Procedural Posture

Stay Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the defendant has met the threshold for grant of stay of execution pending appeal.
  2. 2 Whether the defendant will suffer substantial loss if stay is not granted.
  3. 3 Whether the application for stay was made without unreasonable delay.

Ratio Decidendi

The court found that the defendant demonstrated the risk of substantial loss if stay was not granted, as the transfer and occupation of the 600 acres by the plaintiffs would disrupt ongoing activities and render the intended appeal nugatory. The application for stay was made without unreasonable delay, and the plaintiffs would not suffer prejudice as they did not currently occupy the land in question. Granting stay would maintain the status quo pending appeal. The court was persuaded that the defendant met the legal threshold for stay of execution and allowed the application accordingly.

Court Disposition

Application for stay of execution pending appeal allowed.

Orders

  • Stay of execution of the ruling dated November 18, 2021 and all consequential orders granted pending hearing and determination of the intended appeal.
  • Costs of the application to be in the appeal.