Arusei v Heme Freighters & another (Civil Appeal E291 of 2025) [2026] KEHC 5587 (KLR) (28 April 2026) (Ruling)

Arusei v Heme Freighters & another (Civil Appeal E291 of 2025) [2026] KEHC 5587 (KLR) (28 April 2026) (Ruling)

Substantial loss would be occasioned to the appellant if stay is not granted, and there is a valid appeal pending; therefore, stay of execution is warranted pending determination of the appeal, conditioned on timely filing of the record of appeal.

Citation
[2026] KEHC 5587 (KLR)
Parties
Appellant: John Kipyego Arusei; 1st Respondent: Heme Freighters; 2nd Respondent: Abraham Kipkorir Cheluget
Court
High Court
Jurisdiction
Kenya
Judgment Date
28 April 2026
Case Number
Civil Appeal E291 of 2025
Procedural Posture
Civil Appeal / Interlocutory Application for Stay of Execution Pending Appeal
Outcome
stay of execution granted
Legal Topics
Stay of Execution, Ownership Dispute, Appeal, Substantial Loss, Balancing Rights
Source Language
English
Civil Procedure Property Law Stay of Execution Ownership Dispute Appeal Substantial Loss Balancing Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

John Kipyego Arusei

Appellant

Heme Freighters

1st Respondent

Abraham Kipkorir Cheluget

2nd Respondent

Procedural Posture

Civil Appeal / Interlocutory Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether to grant stay of execution pending appeal
  2. 2 Whether substantial loss would be occasioned to the appellant if stay is not granted
  3. 3 Whether the appeal would be rendered nugatory without stay

Ratio Decidendi

Substantial loss would be occasioned to the appellant if stay is not granted, and there is a valid appeal pending; therefore, stay of execution is warranted pending determination of the appeal, conditioned on timely filing of the record of appeal.

Court Disposition

stay of execution granted

Orders

  • Stay of execution and enforcement of the impugned judgment pending hearing and determination of the appeal.
  • Record of appeal to be filed within 45 days from the date of ruling.