[2025] KEELC 4111 (KLR)

[2025] KEELC 4111 (KLR)

The court found that the applicant satisfied the three mandatory conditions for grant of stay of execution pending appeal under Order 42 Rule 6(2) of the Civil Procedure Rules. The application was filed promptly, within two days of the judgment, thus without unreasonable delay. The applicant demonstrated substantial loss by showing imminent risk of eviction from a property he has occupied since 2006 and where he has established his family home, with an eviction notice already issued. Although the applicant had not yet deposited security, he expressed willingness to comply with any terms set by the court. The court exercised its discretion to grant stay of execution, conditional upon the...

Citation
[2025] KEELC 4111 (KLR)
Parties
Applicant: George Elijah Okong’O; Respondent: Jedida Gathoni Kiguru
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Judgment Date
20 May 2025
Case Number
Environment and Land Appeal E111 of 2024
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution allowed on condition of security deposit.
Judges
JA Mogeni
Legal Topics
Stay of Execution, Eviction Orders, Security for Costs, Substantial Loss, Appeals Process
Source Language
English
Civil Procedure Land and Property Stay of Execution Eviction Orders Security for Costs Substantial Loss Appeals Process

Case Brief

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Parties

George Elijah Okong’O

Applicant

Jedida Gathoni Kiguru

Respondent

Procedural Posture

Stay Application / Ruling on Application for 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 of the Civil Procedure Rules.
  2. 2 Whether substantial loss would result to the applicant if stay is not granted.
  3. 3 Whether the application was made without unreasonable delay.

Ratio Decidendi

The court found that the applicant satisfied the three mandatory conditions for grant of stay of execution pending appeal under Order 42 Rule 6(2) of the Civil Procedure Rules. The application was filed promptly, within two days of the judgment, thus without unreasonable delay. The applicant demonstrated substantial loss by showing imminent risk of eviction from a property he has occupied since 2006 and where he has established his family home, with an eviction notice already issued. Although the applicant had not yet deposited security, he expressed willingness to comply with any terms set by the court. The court exercised its discretion to grant stay of execution, conditional upon the...

Court Disposition

Application for stay of execution allowed on condition of security deposit.

Orders

  • Stay of execution of the judgment delivered on 15/07/2024 is granted pending hearing and determination of the appeal.
  • The stay is conditional upon the applicant depositing KES 200,000 in court within 45 days from the date of the ruling; failure to do so will cause the stay to lapse.