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ELCAllowedNot stated in the ruling (arising from Homa-Bay Chief Magistrate's Court Environment and Land Case No. E5 of 2022)· [2024] KEELC 5897 (KLR)
Ediwuor v Ogalo & 4 others; Ojwang & another (Interested Parties) (Land Case Appeal E020 of 2024) [2024] KEELC 5897 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Environment and Land Court in Homa Bay halted enforcement of a land judgment until an appeal is heard, with no one paying costs.
What this practically means
#Executive summary
#This is a ruling on a Notice of Motion dated 10th July 2024 seeking, inter alia, stay of execution of the judgment and decree of the Homa-Bay Chief Magistrate's Court in Environment and Land Case No. E5 of 2022 delivered on 19th April 2024, pending the hearing and determination of an appeal. The applicant was represented by L. Rodi Orege and Company Advocates, with Mr. Okumu appearing in court. Ms. B Ochieng appeared for the 1st respondent and informed the court that a response had been filed, but indicated that the stay order sought could be granted with no order as to costs. The other respondents and interested parties were duly served per an affidavit of service sworn on 5th August 2024 and did not respond. Relying on Butt v Rent Restriction Tribunal (1979) eKLR, the court held that the applicant had an undoubted right of appeal in the circumstances. The court found the application merited and allowed it in terms of prayer No. 3, granting stay of execution of the judgment and decree pending the hearing and determination of the appeal, with no order as to costs. The ruling was delivered, dated and signed on 17th September 2024 by G.M.A Ong'ondo, Judge.
Key legal issues
#01
Whether stay of execution pending appeal should be granted
Holding
The application was found merited and stay was granted in terms of prayer No. 3
Reasoning
The court considered the motion, the 1st respondent's response consenting to grant of stay without costs, and the affidavit of service on the other respondents and interested parties who did not respond. Relying on the applicant's undoubted right of appeal per Butt v Rent Restriction Tribunal, the court found the application merited and allowed prayer 3.
p. 2
Legal principles established
#- An applicant for stay pending appeal may have an undoubted right of appeal in the circumstances contemplated in Butt v Rent Restriction Tribunal
Court orders
#- 1.Stay of execution of the judgment and decree in Homa-Bay Chief Magistrate's Court Environment and Land Case No. E5 of 2022 delivered on 19th April 2024, pending the hearing and determination of the appeal
- 2.No order as to costs
- On appeal from
- Homa-Bay Chief Magistrate's Court
- Environment and Land Case No. E5 of 2022
- Jurisdiction invoked
- Appellate jurisdiction over appeals from the Environment and Land Court of the Chief Magistrate; right of appeal recognised in Butt v Rent Restriction Tribunal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ediwuor v Ogalo & 4 others; Ojwang & another (Interested Parties) (Land Case Appeal E020 of 2024) [2024] KEELC 5897 (KLR)", Case Analysis (2024). Not stated in the ruling (arising from Homa-Bay Chief Magistrate's Court Environment and Land Case No. E5 of 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5897/eng@2024-09-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.