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ELCPartially AllowedNot stated in judgment (Notice of Motion dated 3rd September 2021)· [2021] KEELC 926 (KLR)
Solomon Omolo Ochuodho v Moses Odhiambo Achacha [2021] KEELC 926 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#A Kenyan land court paused execution of a ruling while an appeal proceeds, showing courts often grant stays when both sides agree on maintaining the status quo.
What this practically means
#Executive summary
#This is a ruling of the Environment and Land Court at Homa-Bay (G.M.A Ong'ondo, J) delivered on 10th November 2021 on a Notice of Motion dated 3rd September 2021 brought by Solomon Omolo Ochuodho, the appellant/applicant, under Order 42 rule 6 and Order 51 of the Civil Procedure Rules 2010. The applicant sought stay of execution of a ruling delivered by the trial court on 25th August 2021, together with all consequential orders, pending the hearing and determination of his intended appeal, contending that the appeal raised weighty and triable issues with high chances of success. The respondent, Moses Odhiambo Achacha, through learned counsel Mr. G.S Okoth, filed grounds of opposition dated 25th October 2021, but at the hearing informed the court that there was no intention to execute the trial court's ruling and proposed that status quo be maintained - a position affirmed by Mr. Bisembe holding brief for Mr. Ngala Awino for the applicant. Exercising its discretion under section 13(7)(a) of the Environment and Land Court Act 2015, and applying the Court of Appeal decisions in Butt v Rent Restriction Tribunal (1979) eKLR and Ogada v Mollin (2009) KLR 620, alongside Practice Direction No. 32 of the ELC Practice Directions 2014, the court allowed the stay of execution, directed the appellant to file and serve the record of appeal within 30 days, ordered the Deputy Registrar to call for the original record and certified copies of proceedings from the trial court, and fixed the appeal for further orders and directions on 2nd February 2022. No costs order was recorded.
Key legal issues
#01
Whether the conditions for stay of execution pending appeal were satisfied
Holding
Stay of execution granted pending determination of the appeal
Reasoning
The court exercised its discretion upon hearing counsel, applying section 13(7)(a) of the Environment and Land Court Act, the Court of Appeal decisions in Butt v Rent Restriction Tribunal and Ogada v Mollin, and ELC Practice Direction No. 32 of 2014. Counsel for the respondent indicated no intention to execute and proposed maintenance of status quo, which the appellant's counsel affirmed, allowing the court to grant stay.
p. 1
Legal principles established
#- Stay of execution pending appeal may be granted under Order 42 rule 6 guided by the principles in Butt v Rent Restriction Tribunal and Ogada v Mollin, read with section 13(7)(a) of the Environment and Land Court Act and ELC Practice Direction No. 32
Court orders
#- 1.Order of stay of execution of the Ruling delivered on 25th August 2021 and all consequential orders arising therefrom pending the hearing and determination of the appeal
- 2.The appellant's counsel to file and serve the record of appeal within 30 days
- 3.The Deputy Registrar of the court to call for the original record and certified copies of proceedings and ruling from the trial court urgently
- 4.The appeal fixed for further orders and directions on 2nd February 2022
- On appeal from
- Trial court (not specified in judgment)
- Jurisdiction invoked
- Section 13(7)(a) of the Environment and Land Court Act, 2015 (2011)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Solomon Omolo Ochuodho v Moses Odhiambo Achacha [2021] KEELC 926 (KLR)", Case Analysis (2021). Not stated in judgment (Notice of Motion dated 3rd September 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/926/eng@2021-11-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.