Daniel Karuru Mwaura & 12 others v Edward Kanjabi & another [2021] KEELC 1405 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether a stay of execution could issue
No; the judgment consisted of negative orders not capable of execution
The court had entered judgment for the plaintiffs (a refund) in their favour, dismissed their prayers for specific performance and general damages, and ordered each party to bear its own costs. None of these orders required the plaintiffs to do or abstain from doing anything, so there was nothing capable of being stayed.
Whether the court could grant an injunction pending appeal
No; Order 42 Rule 6(6) applies only where the court sits as an appellate court, and this court is not seized of the intended appeal
The rule empowers a court, when sitting as an appellate court, to grant injunctions pending appeal. Here the plaintiffs had only filed a Notice of Appeal; the appeal lay before the Court of Appeal, which alone could grant an injunction pending its hearing.
Whether an order of status quo could issue
No; with final judgment delivered, nothing was pending before the court to anchor a status quo order
The status quo prayer presupposes pending proceedings. Having delivered a final judgment, the court had nothing before it on which the order could operate, so the prayer could not be granted.
Legal principles established
#- Negative orders, which do not direct a party to do or refrain from doing anything, are incapable of stay of execution
- A trial court that has rendered a final judgment becomes functus officio and cannot grant injunctions pending appeal, which lie in the appellate court
Court orders
#- 1.The Notice of Motion dated 7th May, 2019 is dismissed with costs to the defendants
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules (stay and injunction pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Daniel Karuru Mwaura & 12 others v Edward Kanjabi & another [2021] KEELC 1405 (KLR)", Case Analysis (2021). Not stated in excerpt (Suit relating to L.R No. 10901/46). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1405/eng@2021-10-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.