Ali Lekolela Montet v Rigogo Chonjo Farmers Co. Ltd (Environment & Land Case 102 of 2013) [2020] KEELC 814 (KLR)
The bottom line
#A Kenyan land court paused eviction from disputed property, but only after a KShs 1 million court deposit within 21 days.
What this practically means
#Executive summary
#Key legal issues
#Substantial loss
Eviction from, or sale or transfer of, the suit property would constitute substantial loss justifying stay
The court reasoned that the judgment, unless stayed, would result in eviction of the applicant and its agents, and that nothing would prevent the plaintiff from disposing of the suit property. Eviction or loss of the property through sale or transfer was held to amount to substantial loss, satisfying Order 42 rule 6(2)(a).
Security for due performance
KShs 1,000,000 deposited in court within 21 days is appropriate security, taking into account vacant possession and mesne profits of at least KShs 780,000
The court assessed the mesne profits accrued (at least KShs 780,000) together with the vacant possession element of the decree and fixed KShs 1,000,000 as appropriate security, to be deposited in court rather than paid to the plaintiff, since the appeal could go either way.
Duration of stay
The stay is time-limited to two years to encourage the applicant to prosecute the appeal diligently
To encourage the applicant to be proactive in prosecuting the appeal, the court limited the life of the stay orders to two years from delivery of the ruling, unless otherwise ordered.
Legal principles established
#- Substantial loss is the cornerstone of the jurisdiction to grant stay of execution pending appeal; an application cannot succeed without demonstrating substantial loss
- A stay applicant must show substantial loss, absence of unreasonable delay, and provide security as ordered under Order 42 rule 6
Court orders
#- 1.Stay of execution of the judgment and decree herein as well as consequential orders granted pending hearing and determination of the defendant's appeal
- 2.Costs of Notice of Motion dated 24th June 2020 awarded to the plaintiff
- 3.Stay conditional on the defendant depositing in court KShs 1,000,000 within 21 days; in default the stay orders automatically lapse and the motion stands dismissed with costs to the plaintiff
- 4.If the defendant complies, the stay orders remain in force for only two years from the date of delivery of the ruling unless otherwise ordered
- On appeal from
- Environment and Land Court, Nakuru
- Not stated in the extract
- Jurisdiction invoked
- Order 42 rule 6(1) and (2) of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ali Lekolela Montet v Rigogo Chonjo Farmers Co. Ltd (Environment & Land Case 102 of 2013) [2020] KEELC 814 (KLR)", Case Analysis (2020). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/814/eng@2020-11-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.