[2025] KEELC 5232 (KLR)

[2025] KEELC 5232 (KLR)

The court found that the applicant had demonstrated the likelihood of suffering substantial loss if evicted from the disputed land before the appeal is heard, as the substratum of the appeal would be lost. The application was filed promptly, within ten days of judgment, satisfying the requirement of absence of unreasonable delay. The court exercised its discretion to order security for due performance, requiring the applicant to deposit KES 150,000 in a joint interest-earning account. Balancing the interests of both parties, the court held that the conditions for stay of execution under Order 42 Rule 6(2) were met and granted the stay pending determination of the appeal, conditional on...

Citation
[2025] KEELC 5232 (KLR)
Parties
Appellant: Thomas Akomo Mware; Respondent: Scholastica Rose Ajode
Court
Environment and Land Court
Court Station
Environment and Land Court at Kisumu
Jurisdiction
Kenya
Judgment Date
10 July 2025
Case Number
Environment and Land Appeal E010 of 2025
Procedural Posture
Environment and Land Appeal / Ruling on Stay of Execution Pending Appeal
Outcome
application for stay of execution pending appeal allowed with conditions
Judges
E Asati
Legal Topics
Stay of Execution, Eviction Orders, Security for Due Performance, Substantial Loss, Appeals Process
Source Language
English
Land and Property Civil Procedure Stay of Execution Eviction Orders Security for Due Performance Substantial Loss Appeals Process

Case Brief

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Parties

Thomas Akomo Mware

Appellant

Scholastica Rose Ajode

Respondent

Procedural Posture

Environment and Land Appeal / Ruling on Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has satisfied the conditions for grant of stay of execution pending appeal under Order 42 Rule 6(2) of the Civil Procedure Rules.
  2. 2 Whether substantial loss will result to the applicant if stay is not granted.
  3. 3 Whether the application was brought without unreasonable delay.

Ratio Decidendi

The court found that the applicant had demonstrated the likelihood of suffering substantial loss if evicted from the disputed land before the appeal is heard, as the substratum of the appeal would be lost. The application was filed promptly, within ten days of judgment, satisfying the requirement of absence of unreasonable delay. The court exercised its discretion to order security for due performance, requiring the applicant to deposit KES 150,000 in a joint interest-earning account. Balancing the interests of both parties, the court held that the conditions for stay of execution under Order 42 Rule 6(2) were met and granted the stay pending determination of the appeal, conditional on...

Court Disposition

application for stay of execution pending appeal allowed with conditions

Orders

  • An order of stay of execution of the judgment dated 7/2/2025 in Kisumu Cmc Elc No E037 of 2020 is issued pending hearing and determination of the appeal, on condition that the applicant deposits KES 150,000 in an interest earning account in the joint names of counsel for the applicant and respondent within 45 days,...
  • Costs of the application awarded to the respondent.