Peter K. Ng’ang’a v John W. Karimi & another [2020] KECA 732 (KLR)
The bottom line
#Kenya's Court of Appeal paused a demolition order worth Kshs.85 million, ruling an intended land appeal was arguable and would be pointless if demolition went ahead.
What this practically means
#Executive summary
#Key legal issues
#Arguability of the intended appeal
The intended appeal was arguable based on the draft memorandum containing 11 proposed grounds of appeal
The court examined the draft memorandum of appeal with 11 proposed grounds and satisfied itself that the intended appeal was arguable, without expressing any view on the merits at that interlocutory stage.
Nugatory value of the intended appeal
The appeal would be rendered nugatory if the Kshs.85,000,000 developments were demolished pending appeal
The ELC had ordered a mandatory injunction compelling the applicant to demolish structures it had erected, valued at Kshs.85,000,000. The 1st respondent's counsel conceded the applicant put up the developments. Demolition pending appeal would render a successful appeal nugatory, justifying stay.
Legal principles established
#- An applicant under rule 5(2)(b) must demonstrate both that the intended appeal is arguable and that, if successful, it will be rendered nugatory unless the order sought is granted
Court orders
#- 1.Stay of execution of the judgment and decree of the Environment and Land Court delivered on 23rd May, 2019 pending the hearing and determination of the intended appeal
- 2.The record of appeal, if not yet filed, to be filed within 45 days from the date of the ruling
- On appeal from
- Environment and Land Court of Kenya at Nairobi
- E.L.C Case No. 444 of 2005
- Jurisdiction invoked
- Rules 1(2) and 5(2)(b) of the Court of Appeal Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter K. Ng’ang’a v John W. Karimi & another [2020] KECA 732 (KLR)", Case Analysis (2020). Civil Application No. NAI. 268 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/732/eng@2020-04-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.