[2025] KEELC 4033 (KLR)

[2025] KEELC 4033 (KLR)

The court found that the defendant/applicant demonstrated a reasonable likelihood of substantial loss if stay was not granted, as he would lose his only home and means of livelihood. The application was brought without undue delay, and the applicant expressed willingness to provide security. The court exercised its discretion to grant stay of execution pending appeal, conditional upon the applicant depositing KES 100,000 as security within 30 days. The court held that the plaintiffs/respondents would not suffer prejudice if stay is granted, and that the overriding objective and principles of proportionality and equality of arms favored granting the stay to preserve the subject matter of...

Citation
[2025] KEELC 4033 (KLR)
Parties
Plaintiff: Avtar Singh Rayit; Plaintiff: Kamaljit Singh Rayit; Plaintiff: Kulwant Kaur Rayit; Defendant: Rajinder Singh Rayit
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Judgment Date
14 May 2025
Case Number
Environment & Land Case E159 of 2023
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution pending appeal allowed with conditions.
Judges
JA Mogeni
Legal Topics
Stay of Execution, Security for Due Performance, Family Property Dispute, Appeal Process
Source Language
English
Civil Procedure Land and Property Stay of Execution Security for Due Performance Family Property Dispute Appeal Process

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Parties

Avtar Singh Rayit

Plaintiff

Kamaljit Singh Rayit

Plaintiff

Kulwant Kaur Rayit

Plaintiff

Rajinder Singh Rayit

Defendant

Procedural Posture

Stay Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the defendant/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 the applicant has demonstrated substantial loss if stay is not granted.
  3. 3 Whether the application was brought without undue delay.

Ratio Decidendi

The court found that the defendant/applicant demonstrated a reasonable likelihood of substantial loss if stay was not granted, as he would lose his only home and means of livelihood. The application was brought without undue delay, and the applicant expressed willingness to provide security. The court exercised its discretion to grant stay of execution pending appeal, conditional upon the applicant depositing KES 100,000 as security within 30 days. The court held that the plaintiffs/respondents would not suffer prejudice if stay is granted, and that the overriding objective and principles of proportionality and equality of arms favored granting the stay to preserve the subject matter of...

Court Disposition

Application for stay of execution pending appeal allowed with conditions.

Orders

  • The application dated 24/07/2024 is allowed in terms of prayers (2) and (3).
  • The defendant/applicant shall deposit KES 100,000 in court as security for due performance of the decree within 30 days from the date of the ruling.