Josephine Chepngetich Langat v Leah Chebii Langat
The bottom line
#The Court of Appeal refused to stop enforcement of a land distribution ruling because the applicant had never filed a notice of appeal against that specific ruling.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court of Appeal has jurisdiction under rule 5(2)(b) to grant a stay where no notice of appeal has been filed against the specific decision sought to be stayed
The court lacks jurisdiction; the notice of appeal must relate to the ruling and/or judgment sought to be stayed, and the applicant's notice of appeal dated March 31, 2020 challenged the ruling of Dulu, J of March 12, 2020, not the ruling of Ongeri, J of May 6, 2022.
Rule 5(2)(b) is an interlocutory application in a pending appeal; as soon as a notice of appeal is lawfully filed, an appeal is deemed to exist and the party may move the court for preservation orders. The jurisdictional foundation is the notice of appeal under rule 75. The applicant's notice of appeal was dated March 31, 2020 and targeted the ruling of Dulu, J; counsel confirmed no notice of appeal had been filed against Ongeri, J's ruling of May 6, 2022. Without such a notice, the court had no jurisdiction to entertain the motion.
Legal principles established
#- An application under rule 5(2)(b) of the Court of Appeal Rules is predicated on, and only vested with jurisdiction by, a notice of appeal against the very decision sought to be stayed
- The power to grant a stay under rule 5(2)(b) is exercisable only where a notice of appeal has been lodged in accordance with rule 75 of the Court's Rules
Court orders
#- 1.The applicant's notice of motion dated August 24, 2022 seeking a stay of execution of the ruling of Ongeri, J delivered on May 6, 2022 is dismissed
- 2.Costs of the application awarded to the respondent
- On appeal from
- High Court of Kenya at Kericho
- Kericho High Court Succession Case No 100 of 2012
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules (as summarised with reference to rule 75); the notice of appeal vests the court with jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Josephine Chepngetich Langat v Leah Chebii Langat", Case Analysis (2023). Civil Application (Rule 5(2)(b)) arising from Kericho High Court Succession Case No 100 of 2012 (notice of motion dated August 24, 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2023/214/eng@2023-03-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.