Konene Narankaik v Rehema Ahmed (Administrator Estate of Ahmed Abdi Murasa & 1 other
The bottom line
#The Court of Appeal halted enforcement of a land judgment, ruling a Kshs 80 million building could be lost while the appeal was decided.
What this practically means
#Executive summary
#Key legal issues
#Whether the intended appeal was arguable
The intended appeal was arguable, particularly on whether the judge correctly concluded that all ingredients of adverse possession were established.
Guided by the settled principle that an arguable appeal need not succeed, only merit full consideration, the Court found at least one bona fide issue: whether the ELC judge rightly concluded all ingredients of adverse possession were present. That single arguable point sufficed on the first limb of the Rule 5(2)(b) test.
Whether the appeal would be rendered nugatory if stay was not granted
The nugatory test was satisfied because the applicant had constructed a substantial building said to be worth Kshs. 80 million which he risked losing.
Photographs exhibited showed a substantial development on the property, which the respondent conceded existed albeit built with knowledge of the title contest. Following Reliance Bank Ltd v Norlake Investments Ltd, refusal of stay would cause hardship out of proportion to any suffering the respondent might endure pending the appeal, warranting preservation of the property.
Legal principles established
#- An applicant under Rule 5(2)(b) must satisfy the twin tests: the appeal or intended appeal must be arguable, and the appeal if successful will be rendered nugatory unless stay or injunction is granted.
- An arguable appeal is not one that must necessarily succeed but one that is deserving of full consideration by the Court.
Court orders
#- 1.Stay of execution of the judgment in Narok ELC Case Number 16 of 2017 pending the hearing and determination of the appeal
- 2.Costs of the application to abide the outcome of the appeal
- On appeal from
- Environment and Land Court at Narok
- Narok ELC Case No. 16 of 2017 (OS)
- 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, "Konene Narankaik v Rehema Ahmed (Administrator Estate of Ahmed Abdi Murasa & 1 other", Case Analysis (2020). Civil Appeal (Application) No. 131 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/58/eng@2020-12-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.