[2025] KEELC 3077 (KLR)
The court found that the applicant had previously been granted a conditional stay of execution, subject to depositing Kshs. 100,000 as security for costs. The applicant failed to comply with this condition and did not provide any explanation for the non-compliance. The court held that compliance with such conditions...
Source-derived case information.
- Citation
- [2025] KEELC 3077 (KLR)
- Parties
- Applicant: John Njagi Njeru; Respondent: Patrick Rugendo Ireri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E015 of 2022
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution pending appeal dismissed. Costs awarded to the respondent.
- Judges
- AK Bor
- Legal Topics
- Stay of Execution, Security for Costs, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Njagi Njeru
Applicant
Patrick Rugendo Ireri
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the decree pending appeal.
- 2 Whether the failure to deposit security for costs as previously ordered disentitles the applicant to relief.
Ratio Decidendi
The court found that the applicant had previously been granted a conditional stay of execution, subject to depositing Kshs. 100,000 as security for costs. The applicant failed to comply with this condition and did not provide any explanation for the non-compliance. The court held that compliance with such conditions is a prerequisite for the grant of equitable relief, and the applicant's failure to do so disentitled him to the orders sought. Consequently, the application for stay of execution pending appeal was declined.
Court Disposition
Application for stay of execution pending appeal dismissed. Costs awarded to the respondent.
Orders
- The application dated 8/11/2024 for stay of execution is dismissed.
- The respondent is awarded the costs of the application.
Full Case Text
Judgment text and source record
19 paragraphs
Njeru v Ireri (Environment and Land Appeal E015 of 2022) [2025] KEELC 3077 (KLR) (25 February 2025) (Ruling)
Neutral citation: [2025] KEELC 3077 (KLR)
Republic of Kenya
In the Environment and Land Court at Embu
Environment and Land Appeal E015 of 2022
AK Bor, J
February 25, 2025
Between
John Njagi Njeru
Applicant
and
Patrick Rugendo Ireri
Respondent
Ruling
1. What falls for determination is whether the court should stay execution of the decree which emanated from the judgment of this court delivered on 25/9/2024 pending an intended appeal as the Appellant sought in the application dated 8/11/2024. The application was made on the grounds that the Respondent intended to evict the Applicant from the suit property where he had been living for over 50 years.
2. The Applicant claimed that he had filed a Notice of Appeal and sought proceedings from this court to enable him lodge a memorandum of appeal but that these had not been supplied to him. The Applicant swore the affidavit in support of the application and exhibited copies of the Notice of Appeal, letter dated 5/10/2024 addressed to the OCS Runyenjes and the Warrants to the Court Bailiffs to give vacant possession dated 7/11/2024.
3. It is apparent from the proceedings that this court already granted the Applicant stay of execution on 20/11/2024 which was conditional upon the Appellant first depositing the sum of Kshs. 100,000/= in court as security for costs. There is no evidence that that has been done and no explanation was proffered by the Applicant for the failure to do so. In light of this, the court is not persuaded that the Applicant deserves the orders sought.
4. The court declines to grant the orders sought in the application dated 8/11/2024. The Respondent is awarded the costs of the application.
DELIVERED VIRTUALLY AT EMBU THIS 25TH DAY OF FEBRUARY 2025. K. BORJUDGEIn the presence of: -Ms. Wanjiku Kamochu for the ApplicantMr. Momanyi Gichuki for the Respondent