Abdalla & 2 others v Zakaria & 3 others (Environment and Land Appeal E003 of 2022) [2023] KEELC 800 (KLR)
The bottom line
#A Nyeri court paused an eviction and Kshs 5 million award, but only because the appellants agreed to deposit Kshs 300,000 as security.
What this practically means
#Executive summary
#Key legal issues
#Promptness of the application
Application made without unreasonable delay
Filed seven days after the lower court disallowed a similar application.
Substantial loss
Appellants face substantial loss as they face eviction from property they developed and occupied since 1956
Long occupation and developments on the land while respondents never occupied it meant eviction would cause irreparable harm.
Security for due performance
Stay granted on condition of security deposit
Court required a cash deposit as the title deed could not serve as security since it was decreed to the respondent.
Legal principles established
#- Under order 42 rule 6(2), stay of execution requires proof of no unreasonable delay, substantial loss, and security for due performance of the decree
Court orders
#- 1.Stay of execution of the judgment and decree of January 7, 2022 in Nyeri MELC No 92 of 2018 granted, on condition that the appellants deposit security for costs of Kshs 300,000/- in a joint interest-earning account in the names of both parties' advocates within 45 days
- 2.Costs of the application to be in the appeal
- On appeal from
- Environment and Land Court, Nyeri
- Nyeri MELC No 92 of 2018: Susan Wanjiru Zakaria vs Hussein Ali Abdalla alias Billy & 5 others
- Jurisdiction invoked
- Order 42 rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abdalla & 2 others v Zakaria & 3 others (Environment and Land Appeal E003 of 2022) [2023] KEELC 800 (KLR)", Case Analysis (2023). Appeal from Nyeri MELC No 92 of 2018; Notice of Motion dated May 17, 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/800/eng@2023-02-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.