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ELCPartially AllowedCivil Suit No. 124 of 2016 (application dated 18th December 2018)· [2018] KEELC 275 (KLR)

Grace Cianjoka Nthigai v Ider Keerua & 2 others [2018] KEELC 275 (KLR)

Environment and Land Court
19 December 2018
PNP. M. Njoroge
716 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Chuka court temporarily halted execution of a land judgment, but the landowner must deposit Kshs. 50,000 as security and still win the full stay hearing.

What this practically means

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Executive summary

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This is an ex parte interim ruling of the Environment and Land Court at Chuka on a Notice of Motion dated 18th December 2018 by Grace Cianjoka Nthigai, described as appellant/applicant, seeking urgent stay of execution of the judgment and decree of the Chief Magistrate's Court at Chuka in Civil Suit No. 124 of 2016 delivered on 21st November 2018, pending the hearing and determination of her intended appeal. The applicant, the registered owner of LR Karingani/Mugirirwa/3423, deposed that the respondents were preparing to subdivide the suit land and carve out the one acre awarded to them, that she held the land absolutely and not in trust, that she was condemned unheard contrary to natural justice, and that her developments would be demolished and she would be rendered landless and destitute if stay was not granted. Having perused the pleadings and heard the applicant's advocate, Mr Dennis Muthomi, P.M. Njoroge J granted prayer 2 ex parte, stay of execution pending hearing of the application, conditioned on the applicant depositing Kshs. 50,000/= in court as security within 14 days. The applicant was ordered to serve the respondents within 10 days, and the matter was set for inter partes hearing on 3rd April 2019. No costs order was made at this stage.

Key legal issues

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01

Stay of execution pending appeal

Holding

The court granted interim stay of execution of the subordinate court's judgment and decree pending hearing of the application, conditioned on a security deposit of Kshs. 50,000/= within 14 days.

Reasoning

The applicant deposed that judgment was delivered on 21st November 2018, that the respondents were bent on subdividing the suit land LR Karingani/Mugirirwa/3423, and that her developments would be demolished. The court, acting ex parte at this stage, issued temporary orders with a security condition and directed service and an inter partes hearing.

p. 2

Legal principles established

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    Court orders

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    1. 1.Prayer 2 granted - stay of execution of the judgment and decree in Chuka Chief Magistrate's Court Civil Suit No. 124 of 2016 pending hearing of the application
    2. 2.Applicant to deposit Kshs. 50,000/= with the court as security within 14 days
    3. 3.Application to be served on the respondents within 10 days
    4. 4.Inter partes hearing on 3.4.2019
    On appeal from
    Chief Magistrate's Court Chuka
    Civil Suit No. 124 of 2016
    Jurisdiction invoked
    Not stated in the extracted portion; application for stay of execution pending appeal

    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, "Grace Cianjoka Nthigai v Ider Keerua & 2 others [2018] KEELC 275 (KLR)", Case Analysis (2018). Civil Suit No. 124 of 2016 (application dated 18th December 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/275/eng@2018-12-19

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