Emily Jebor Rono & 1 other v Esther Jeptanui Lagat & 1 other
The bottom line
#Kenya's Court of Appeal dismissed a land injunction bid because the applicants skipped the mandatory leave step required before appealing succession matters.
What this practically means
#Executive summary
#Key legal issues
#Competence of a Rule 5(2)(b) application in a succession matter where leave was never sought
The application was incompetent and dismissable without considering the merits of the twin principles
The court noted that succession appeals require leave of the High Court or, failing that, of the Court of Appeal. The applicants expressly admitted they never sought leave, citing Mughal & Rashid v Mohammed Shabir Bhola. This omission was fatal, rendering the application a nonstarter regardless of any arguability of the intended appeal.
The twin principles governing Rule 5(2)(b) applications
The court restated the established test but did not reach it, as incompetence disposed of the application first
The court restated that an applicant must demonstrate an arguable appeal and that the appeal would be rendered nugatory absent stay, citing David Morton Silversein v Atsango Chesoni, Yellow Horse Inns Ltd v A.A Kawir Transporters and Kenya Commercial Bank Ltd v Nicholas Ombija. Since the application was incompetent for want of leave, consideration of the twin principles was unnecessary.
Legal principles established
#- In a succession matter, an intending appellant must first obtain leave of the High Court or, if the High Court declines, of the Court of Appeal, before appealing; failure to seek leave renders the appeal application incompetent
- To succeed under Rule 5(2)(b), an applicant must demonstrate both an arguable appeal and that the appeal will be rendered nugatory absent the orders sought
- A single arguable point suffices on the arguability limb; the applicant need not show a multiplicity of grounds or that the point would succeed
Court orders
#- 1.The application is dismissed
- 2.No orders as to costs
- On appeal from
- High Court of Kenya
- Succession matter (Nandi/Chemuswo/530) - ruling by S. M. Githinji, J.
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules (interlocutory injunctive relief pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Emily Jebor Rono & 1 other v Esther Jeptanui Lagat & 1 other", Case Analysis (2025). Notice of Motion dated 15th March 2024 (Court of Appeal, Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/626/eng@2025-04-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.