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ELCAllowedNot stated in excerpt· [2018] KEELC 4609 (KLR)

Gabriel Njuguna Njoroge v David Lobongon Tioko [2018] KEELC 4609 (KLR)

Environment and Land Court
30 January 2018
MNMwangi Njoroge
258 words in judgment
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The bottom line

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A Kenyan land court paused execution of a judgment, but only because the losing party agreed to deposit Kshs. 1,932,000 as security within 30 days.

What this practically means

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Executive summary

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This is a short ruling of the Environment and Land Court at Kitale (Mwangi Njoroge, J) dated 30 January 2018 on the defendant/judgment debtor's application dated 12 October 2017. The application sought a stay of execution of the decree and all consequential orders arising from the court's judgment delivered on 28 September 2017, pending the hearing and determination of the defendant's appeal to the Court of Appeal. The application was not opposed by the respondent/judgment creditor, but the non-opposition was made subject to a condition that the applicant provide security by depositing the decretal sum plus two years' rent, totalling Kshs.1,932,000/=, in a joint interest-earning account pending determination of the appeal. The court granted the application in terms of Prayer No.3, conditional upon the applicant depositing Kshs.1,932,000/= in a joint interest-earning account held between the applicant's advocates and the respondent's advocates in a reputable banking institution. The deposit was to be made within 30 days of the order, failing which the stay would automatically lapse. The court further directed the plaintiff/decree holder's advocates to co-operate fully to ensure the deposit was successfully made within that period. No costs order was made and no authorities were cited. The ruling was delivered in open court with Mr. Bisonga appearing for the defendant, and in the absence of the plaintiff or his counsel.

Key legal issues

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01

Whether stay of execution of the decree pending appeal should be granted

Holding

Stay granted on condition that the applicant deposits Kshs.1,932,000/= (decretal sum plus two years' rent) in a joint interest-earning account within 30 days, failing which the order lapses

Reasoning

The application dated 12/10/17 sought stay of execution of the decree and consequential orders from the judgment of 28/9/17 pending appeal to the Court of Appeal. Though not opposed, the respondent sought security. The court accommodated this by conditioning the stay on a joint deposit, and imposed a 30-day time limit to prevent indeterminate stay.

p. 1

Legal principles established

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  • Stay of execution pending appeal may be granted subject to the applicant providing security in the form of a deposit of the decretal sum plus two years' rent in a joint interest-earning account

Court orders

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  1. 1.Stay of execution of the decree and all consequential orders granted in terms of Prayer No.3 of the application dated 12/10/17
  2. 2.Conditional upon the applicant depositing Kshs.1,932,000/= in a joint interest-earning account held between both parties' Advocates in a reputable banking institution
  3. 3.The deposit to be made within 30 days of the order, failing which the order of stay shall automatically lapse
  4. 4.Plaintiff/decree holder's advocates to co-operate to ensure the deposit is made within the period
Jurisdiction invoked
Inherent jurisdiction to grant stay pending appeal (provision not cited in judgment)

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, "Gabriel Njuguna Njoroge v David Lobongon Tioko [2018] KEELC 4609 (KLR)", Case Analysis (2018). Not stated in excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4609/eng@2018-01-30

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