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Court of AppealDismissedNot stated in judgment (Civil Application under Rule 5(2)(b))

Nguyo v Watts Auctions & 2 others (Civil Application E721 of 2025) [2026] KECA 964 (KLR)

Court of Appeal of Kenya
15 May 2026
FTF. TuiyottNNNduma NderiMSMunyao Sila
1,391 words in judgment
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The bottom line

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The Court of Appeal dismissed an elderly homeowner's bid to stop an auction because he never filed a notice of appeal before asking for help.

What this practically means

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Executive summary

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This was an ex parte-style application under Rule 5(2)(b) of the Court of Appeal Rules, 2022 and Article 164(3) of the Constitution by an 85-year-old applicant acting in person, seeking a stay of execution and injunction to restrain the respondents from auctioning or transferring his home, LR No. 209/8524/102 (I.R 30259), House 102, Akiba Estate, South C, Nairobi. The applicant deposed that he had allowed a family friend to use his title as loan security in 2015; the friend defaulted; and the property was advertised for auction on 6 August 2025 without service of statutory notices under the Land Act and Auctioneers' Act. The ELC (Mbogo C.G, J.) had declined to certify the application urgent or grant interim relief, directing an inter partes hearing on 28 October 2025. The respondents filed nothing in reply. The Court held that its Rule 5(2)(b) jurisdiction in civil matters is triggered only by the lodging of a notice of appeal under Rule 77; since no notice of appeal had been filed, the Court could not exercise its powers or grant the orders sought, as doing so would be to act in a vacuum. The application was dismissed with no orders as to costs. The judgment binds lower courts on the notice-of-appeal precondition to Rule 5(2)(b) relief.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Court has jurisdiction under Rule 5(2)(b) to grant a stay of execution or injunction where no notice of appeal has been filed

Key legal issues

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01

Whether the Court of Appeal may grant interim relief under Rule 5(2)(b) in the absence of a notice of appeal

Holding

It may not; the lodging of a notice of appeal is a jurisdictional precondition to relief under Rule 5(2)(b).

Reasoning

Rule 5(2)(b) expressly applies 'where a notice of appeal has been lodged in accordance with rule 77'. The notice of appeal informs the Court that an applicant intends to appeal against a ruling or judgment. Without it, there is no pending appeal, and granting a stay or injunction would be to grant orders in a vacuum and without any foundation. The application was therefore bound to fail.

p. 3

Legal principles established

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  • In civil proceedings, the jurisdiction of the Court of Appeal under Rule 5(2)(b) to grant a stay of execution, injunction or stay of further proceedings arises only upon the lodging of a notice of appeal; without a notice of appeal no such orders can issue.

Court orders

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  1. 1.The application is dismissed
  2. 2.No orders as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

FT
majority
NN
majority
MS
majority
On appeal from
Environment and Land Court (ELC)
Nairobi ELCLC No. E375 of 2025
Jurisdiction invoked
Rule 5(2)(b) of the Court of Appeal Rules, 2022 and Article 164(3) of the Constitution

Relief refused

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Stay of execution and temporary injunction restraining sale, auction or transfer of LR No. 209/8524/102 (I.R 30259), House 102, Akiba Estate, South C, Nairobi

The jurisdiction under Rule 5(2)(b) is triggered only by lodging a notice of appeal; none was filed, so the Court cannot entertain the application

p. 3

Costs

The application is hereby dismissed but with no orders as to costs.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

It is trite that the jurisdiction of this Court, under Rule 5 (2) (b) of the Court of Appeal Rules, 2022, is triggered by the filing of a notice of appeal.
p. 3Jurisdictional precondition under Rule 5(2)(b)
To grant an injunction, stay of execution, or stay of further proceedings, without there being a notice of appeal, would be to grant such orders in a vacuum and without any foundation whatsoever.
p. 3Rationale for requiring a notice of appeal
The application is hereby dismissed but with no orders as to costs.
p. 3Final orders

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Nguyo v Watts Auctions & 2 others (Civil Application E721 of 2025) [2026] KECA 964 (KLR)", Case Analysis (2026). Not stated in judgment (Civil Application under Rule 5(2)(b)). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/964/eng@2026-05-15

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.