Erick Kipkurgat Kiprono v Patrick Kimutai Kiprono [2020] KECA 53 (KLR)
The bottom line
#The Court of Appeal stopped the transfer of family land worth five acres until the owner's appeal can be fully heard.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant satisfied the twin principles for stay under rule 5(2)(b)
The court found the appeal arguable from the draft memorandum and that the appeal would be rendered nugatory if the suit property were subdivided and transferred before appeal, and granted stay.
Applying the principles summarised in Stanley Kangethe Kinyanjui v Tony Ketter & 5 Others, the court found from the draft memorandum of appeal that the grounds - that the land was registered in the applicant's name and that the trust and contribution findings were erroneous - were not frivolous. It further found that subdivision and transfer of 5 acres, with possible disposal, would render a successful appeal nugatory, warranting stay.
Legal principles established
#- An arguable appeal for purposes of rule 5(2)(b) need not be one that must succeed; it suffices that it is not frivolous and merits full consideration.
Court orders
#- 1.Stay of execution of the trial court's judgment in Eldoret ELC Case No. 290 of 2013 pending hearing and determination of the intended appeal
- 2.Costs of the application shall be in the appeal
- On appeal from
- Environment and Land Court of Kenya at Eldoret
- E.L.C. Case No. 290 of 2013
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Erick Kipkurgat Kiprono v Patrick Kimutai Kiprono [2020] KECA 53 (KLR)", Case Analysis (2020). Civil Application No. 25 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/53/eng@2020-12-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.