Kilundo v Mbai & another (Environment and Land Appeal E012 of 2025) [2025] KEELC 18384 (KLR) (18 December 2025) (Ruling)

Kilundo v Mbai & another (Environment and Land Appeal E012 of 2025) [2025] KEELC 18384 (KLR) (18 December 2025) (Ruling)

The applicant failed to demonstrate substantial loss, did not act without unreasonable delay, and did not raise an arguable appeal. There is nothing to stay as the suit was dismissed, and the application is not merited.

Citation
[2025] KEELC 18384 (KLR)
Parties
Appellant/applicant: Joshua Maweu Kilundo; 1st Respondent: Philes Muthamba Mbai; 2nd Respondent: Aimi Ma Kilungu Limited
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
18 December 2025
Case Number
Environment and Land Appeal E012 of 2025
Procedural Posture
Appeal / Ruling on Application for Stay of Execution Pending Appeal
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Appeals, Substantial Loss, Security for Due Performance
Source Language
English
Civil Procedure Land Law Stay of Execution Appeals Substantial Loss Security for Due Performance

Case Brief

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Parties

Joshua Maweu Kilundo

Appellant/applicant

Philes Muthamba Mbai

1st Respondent

Aimi Ma Kilungu Limited

2nd Respondent

Procedural Posture

Appeal / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the judgment pending appeal
  2. 2 Whether the applicant has demonstrated substantial loss and provided security as required by law

Ratio Decidendi

The applicant failed to demonstrate substantial loss, did not act without unreasonable delay, and did not raise an arguable appeal. There is nothing to stay as the suit was dismissed, and the application is not merited.

Court Disposition

application dismissed with costs

Orders

  • application for stay of execution is dismissed with costs