Kiu & another v Konchory (Environment and Land Appeal E036 of 2025) [2025] KEELC 8670 (KLR) (15 December 2025) (Ruling)

Kiu & another v Konchory (Environment and Land Appeal E036 of 2025) [2025] KEELC 8670 (KLR) (15 December 2025) (Ruling)

The application for stay of execution was filed timeously and the applicant demonstrated substantial loss as she resides on the suit property and the decree bars her from entering it. However, the applicant must provide security for the performance of the decree. The court grants stay of execution on condition that Kshs. 80,000 is deposited as security within two weeks, failing which the stay lapses.

Citation
[2025] KEELC 8670 (KLR)
Parties
Applicant: James Ole Kiu; Applicant: Lilian Seneyio Konchory; Respondent: Joseph Tabula Konchory
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
15 December 2025
Case Number
Environment and Land Appeal E036 of 2025
Procedural Posture
Notice of Motion (stay of Execution) / Ruling on Interlocutory Application Pending Appeal
Outcome
Application allowed with conditions
Legal Topics
Stay of Execution, Appeal, Substantial Loss, Security for Performance, Eviction
Source Language
English
Civil Procedure Land Law Stay of Execution Appeal Substantial Loss Security for Performance Eviction

Case Brief

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Parties

James Ole Kiu

Applicant

Lilian Seneyio Konchory

Applicant

Joseph Tabula Konchory

Respondent

Procedural Posture

Notice of Motion (stay of Execution) / Ruling on Interlocutory Application Pending Appeal

Legal Issues

  1. 1 Whether the application for stay of execution is merited
  2. 2 Whether the applicant will suffer substantial loss if stay is not granted
  3. 3 Whether the applicant satisfied the conditions for stay under Order 42 Rule 6 of the Civil Procedure Rules

Ratio Decidendi

The application for stay of execution was filed timeously and the applicant demonstrated substantial loss as she resides on the suit property and the decree bars her from entering it. However, the applicant must provide security for the performance of the decree. The court grants stay of execution on condition that Kshs. 80,000 is deposited as security within two weeks, failing which the stay lapses.

Court Disposition

Application allowed with conditions

Orders

  • Stay of execution of the judgment delivered on 12th August 2025 in Kilgoris E054/2024 pending hearing and determination of the appeal.
  • Applicant to deposit Kshs. 80,000 as security in court within two weeks, failing which the stay lapses.