[2025] KEELC 3619 (KLR)

[2025] KEELC 3619 (KLR)

The court found that the applicant had demonstrated substantial loss would occur if the stay was not granted, as he and his family risked eviction and homelessness. The application was filed promptly, satisfying the requirement of absence of undue delay. However, the applicant's failure to provide security for costs was a critical issue. The court exercised its discretion to grant a stay of execution, conditional upon the applicant depositing Kshs. 100,000 as security for costs within 30 days and filing the record of appeal within 45 days. This approach balanced the applicant's right to appeal with the respondent's right to enjoy the fruits of judgment, ensuring that justice was served to...

Citation
[2025] KEELC 3619 (KLR)
Parties
Appellant: Michael Wamuongo Wainaina; Respondent: Wamuongo Karongo
Court
Environment and Land Court
Court Station
Environment and Land Court at Thika
Jurisdiction
Kenya
Judgment Date
5 May 2025
Case Number
Environment and Land Appeal E005 of 2025
Procedural Posture
Environment and Land Appeal / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted on condition of deposit of Kshs. 100,000 as security for costs within 30 days and filing of record of appeal within 45 days; costs to abide outcome of appeal.
Judges
JM Onyango
Legal Topics
Stay of Execution, Security for Costs, Substantial Loss, Injunctions, Appellate Discretion
Source Language
English
Land and Property Civil Procedure Stay of Execution Security for Costs Substantial Loss Injunctions Appellate Discretion

Case Brief

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Parties

Michael Wamuongo Wainaina

Appellant

Wamuongo Karongo

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has established sufficient cause to warrant a stay of execution pending appeal.
  2. 2 Whether the applicant will suffer substantial loss if the stay is not granted.
  3. 3 Whether the application was made without unreasonable delay.

Ratio Decidendi

The court found that the applicant had demonstrated substantial loss would occur if the stay was not granted, as he and his family risked eviction and homelessness. The application was filed promptly, satisfying the requirement of absence of undue delay. However, the applicant's failure to provide security for costs was a critical issue. The court exercised its discretion to grant a stay of execution, conditional upon the applicant depositing Kshs. 100,000 as security for costs within 30 days and filing the record of appeal within 45 days. This approach balanced the applicant's right to appeal with the respondent's right to enjoy the fruits of judgment, ensuring that justice was served to...

Court Disposition

Stay of execution granted on condition of deposit of Kshs. 100,000 as security for costs within 30 days and filing of record of appeal within 45 days; costs to abide outcome of appeal.

Orders

  • A stay of execution of the trial court's judgment is granted pending appeal, conditional upon the applicant depositing Kshs. 100,000 as security for costs within thirty (30) days of the ruling.
  • The applicant shall file the record of appeal within forty-five (45) days of the ruling.