Ngugi & 8 others v Kenya Planters Co-operative Union Limited & 6 others
The bottom line
#The Court of Appeal refused to pause land proceedings because the applicants showed no risk of losing the properties while their appeal was pending.
What this practically means
#Executive summary
#Key legal issues
#Arguability of the intended appeals
The intended appeals of both applicants were arguable, not frivolous
The court considered the threshold in Stanley Kangethe Kinyanjui v Tony Keter and found the issues raised on appeal warranted the court's interrogation, without needing to rehash them. It reiterated that a single arguable point suffices at this stage.
Whether the appeals would be rendered nugatory without the orders sought
The nugatory limb failed; no danger of disposal or possession by the applicants was demonstrated
The court found no demonstration that the suit properties were in danger of disposal or in the applicants' possession, and noted the considerable time lapse since registration in the 6th respondent's name. It also noted the applicants had not acted on the ELC's advice to sue the 5th respondent directly, making any injunction futile.
Legal principles established
#- An applicant under rule 5(2)(b) must demonstrate both an arguable appeal and that the appeal would be rendered nugatory if the orders sought are not granted
- One arguable point suffices for the arguability threshold and need not ultimately succeed at the hearing of the appeal
Court orders
#- 1.Both Civil Application No 13 and 14 of 2018 as consolidated are dismissed with costs to the respondents
- On appeal from
- Environment and Land Court
- Nairobi ELC case No 779 of 2009 as consolidated with ELC case No 1469 of 2016
- 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, "Ngugi & 8 others v Kenya Planters Co-operative Union Limited & 6 others", Case Analysis (2022). Civil Application 13 & 14 of 2018 (Consolidated). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1328/eng@2022-12-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.