Cheruiyot & 51 others v Morogo & 7 others (Environment & Land Case 488 of 2013) [2024] KEELC 353 (KLR)
The bottom line
#The Environment and Land Court froze all activity on disputed land for 360 days because eviction during an appeal would make that appeal pointless.
What this practically means
#Executive summary
#Key legal issues
#Substantial loss
Applicants demonstrated substantial loss as they are in possession of some parcels and likely to be evicted.
Relying on James Wangalwa v Agnes Naliaka Cheseto, execution per se is not substantial loss; the applicant must show execution will irreparably negate the core of their appeal. Here, the applicants are in occupation and face eviction, which would negate the essence of their appeal.
Unreasonable delay
39 days from judgment delivery is not unreasonable.
Judgment was delivered on 22nd September 2023 and the application filed on 31st October 2023. The court found this 39-day interval did not constitute unreasonable delay under Order 42 rule 6(2)(a).
Security
Applicants willing to deposit security; condition imposed of Kshs 500,000 within 30 days.
Order 42 rule 6(2)(b) requires security for due performance of the decree. The applicants expressed willingness to deposit security of any nature as ordered, and the court conditioned the stay on a Kshs 500,000 deposit.
Legal principles established
#- Substantial loss is the cornerstone of a stay application; execution alone does not amount to substantial loss.
- A stay of execution pending appeal preserves the subject matter so the appeal is not rendered nugatory, balancing the appellant's rights against the successful litigant's fruits of judgment.
Court orders
#- 1.Stay of execution pending appeal granted in the nature of a status quo order for 360 days
- 2.Applicants to deposit in court security for costs of Kshs 500,000/= within 30 days
- 3.No person to be evicted from the property occupied and no further development on the suit properties until expiry of 360 days
- 4.Costs of the application in the appeal
- On appeal from
- Court of Appeal (appeal intended)
- Jurisdiction invoked
- Order 42 rule 6(2) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cheruiyot & 51 others v Morogo & 7 others (Environment & Land Case 488 of 2013) [2024] KEELC 353 (KLR)", Case Analysis (2024). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/353/eng@2024-01-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.