Marumbu v Katamo (Environment and Land Appeal E024 of 2024) [2024] KEELC 6751 (KLR)
The bottom line
#Bungoma's Environment and Land Court paused collection of Kshs. 99,100 in taxed costs until the appeal is heard, requiring half the amount deposited as security.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant demonstrated substantial loss warranting stay of execution of taxed costs
Stay granted because a certificate of costs had been issued, execution was imminent, and execution would render the appeal nugatory if it succeeded
The applicant faced execution of taxed costs of Kshs. 99,100 via warrants of attachment before the main suit was heard. The respondent filed no reply and did not demonstrate prejudice. The court found that if execution proceeded and the appeal succeeded, the appeal would be rendered nugatory, and noted the grounds of appeal raised weighty triable issues.
Whether the application was filed without unreasonable delay
Application filed within 8 days of the impugned ruling; no inordinate delay
The impugned ruling was delivered on 15/5/2024 and the application dated 23/5/2024 was filed on 24/05/2024, a gap of 8 days. The court therefore found the delay was not inordinate under Order 42 Rule 6.
Whether the applicant offered adequate security for due performance of the decree
Security of half the taxed costs, to be deposited in court within 30 days, was deemed sufficient
The applicant offered to provide security as the court may determine. The court considered that a deposit of the taxed costs would be the appropriate security and held that half of the taxed costs would suffice, ordering its deposit within 30 days.
Legal principles established
#- Substantial loss is the cornerstone of the jurisdiction to grant stay of execution pending appeal
- An applicant for stay must demonstrate substantial loss, file without unreasonable delay, and offer security
Court orders
#- 1.Stay of execution of costs in Bungoma CMCC Elc Case No. E017 of 2023 pending the hearing and determination of the appeal
- 2.Half of the taxed costs to be deposited in court by the applicant within 30 days of the ruling as security
- 3.Costs of the application to be costs in the appeal
- On appeal from
- Principal Magistrates' Court at Bungoma
- Bungoma CMCC Elc Case No. E017 of 2023
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules and Sections 3 & 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Marumbu v Katamo (Environment and Land Appeal E024 of 2024) [2024] KEELC 6751 (KLR)", Case Analysis (2024). Bungoma CMCC Elc Case No. E017 of 2023 (Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6751/eng@2024-10-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.