[2025] KEELC 4035 (KLR)

[2025] KEELC 4035 (KLR)

The court held that the dismissal of the suit in the lower court was a negative order, which by its nature is not capable of being stayed since it does not require any party to do or refrain from doing anything. The court further found that while it has jurisdiction to grant preservatory or injunctive relief pending...

Source-derived case information.

Citation
[2025] KEELC 4035 (KLR)
Parties
Appellant: M’Htiribi Muchiri; Appellant: Another; Respondent: Paul Kobia; Respondent: Another
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Judgment Date
19 May 2025
Case Number
Environment and Land Appeal E029 of 2025
Procedural Posture
Environment and Land Appeal / Ruling on Application for Stay of Execution and Preservation Orders Pending Appeal
Outcome
application dismissed with costs to the respondents
Judges
JO Mboya
Legal Topics
Stay of Execution, Preservatory Orders, Temporary Injunctions, Registered Land Rights
Source Language
english
Land and Property Civil Procedure Stay of Execution Preservatory Orders Temporary Injunctions Registered Land Rights

Source-derived case record

Summary, issues, holding and outcome

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Parties

M’Htiribi Muchiri

Appellant

Another

Appellant

Paul Kobia

Respondent

Another

Respondent

Procedural Posture

Environment and Land Appeal / Ruling on Application for Stay of Execution and Preservation Orders Pending Appeal

Legal Issues

  1. 1 Whether the dismissal of the suit in the lower court constitutes a negative order capable of being stayed.
  2. 2 Whether the court has jurisdiction to grant preservatory orders over the suit property pending appeal.

Ratio Decidendi

The court held that the dismissal of the suit in the lower court was a negative order, which by its nature is not capable of being stayed since it does not require any party to do or refrain from doing anything. The court further found that while it has jurisdiction to grant preservatory or injunctive relief pending appeal, such orders are only available where the applicant demonstrates a prima facie case and a likelihood of suffering irreparable loss. In this case, the applicants failed to establish these requirements. The property in question was registered in the respondents' names, and there was no evidence to justify restraining their use of it. The court emphasized the sanctity of...

Court Disposition

application dismissed with costs to the respondents

Orders

  • The application dated 11th April 2025 is dismissed.
  • Costs of the application are awarded to the respondents.