Riverbank Plaza Limited v City Council of Nairobi
The bottom line
#Kenya's Court of Appeal refused to freeze a land title cancellation, ruling any harm can be undone later through rectifying the land register or paying damages.
What this practically means
#Executive summary
#Key legal issues
#Whether the intended appeal was arguable
The intended appeal was arguable despite the applicant's prospects not being certain
The applicant's memorandum of appeal complained that the trial court erred in holding that the registration of its title was illegal, null and void, that the suit property was public land, and in cancelling and revoking its title. Because an arguable appeal is not one that will necessarily succeed, the court was prepared to find that these grounds raised bona fide arguable points deserving of consideration by the Court.
Whether the appeal would be rendered nugatory absent a stay
The appeal would not be rendered nugatory because any damage arising from execution is reversible through rectification of the register under section 80 of the Land Registration Act and by way of damages
The court applied the test that nugatory-ness depends on whether what is sought to be stayed is reversible and, if not, whether damages would reasonably compensate. Here, any damage from cancellation of the title could be reversed under section 80 of the Land Registration Act, and compensation by damages was also available. The applicant therefore failed the second limb and, having failed one of the twin principles, the application had to fail.
Legal principles established
#- An application under rule 5(2)(b) for stay of execution must satisfy the twin tests of an arguable appeal and that the appeal would be rendered nugatory without a stay
- An arguable appeal need not be one that will necessarily succeed; it suffices that it is not frivolous
- In determining nugatory-ness, the court asks whether what is sought to be stayed is reversible and, if not, whether damages would reasonably compensate the aggrieved party
Court orders
#- 1.Dismissal of the applicant's notice of motion dated 10th February 2026 seeking stay of execution
- 2.Costs of the application to be in the appeal
- On appeal from
- Environment and Land Court
- ELC No. 1958 of 2007
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules and sections 3A and 3B of the Appellate Jurisdiction Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Skyview Properties Ltd & another v Njoroge & 4 others (Environment and Land Case 605 of 2012) [2026] KEELC 3955 (KLR)[2026] KEELC 3955 (KLR)25 Jun 2026followed
Cite this brief
#Cite this brief
Caselaw, "Riverbank Plaza Limited v City Council of Nairobi", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1127/eng@2026-06-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.