Oyoo & 7 others v Oyoo & 6 others (Enviromental and Land Originating Summons 37 of 2020) [2025] KEELC 456 (KLR)
The bottom line
#A Kenyan court ruled you cannot stay a judgment that merely dismisses your case—only orders requiring someone to act can be stayed.
What this practically means
#Executive summary
#Key legal issues
#Whether an order of dismissal of a suit is capable of stay of execution
An order merely dismissing a suit is a negative order incapable of execution save for costs, and thus incapable of stay
The court applied the test in Kanwal Sarjit Singh Dhiman v Keshavji Jivraj Shah and Raymond M. Omboga v Austine Pyan Maranga, holding that where the judgment contains no positive order requiring a party to do or refrain from doing anything, there is nothing capable of execution and hence no stay can issue. The eviction notice served on the Applicants was issued by the Respondents in exercise of their rights as registered owners, not in execution of the court's judgment.
Whether the Applicants demonstrated substantial loss
The Applicants failed to show they would suffer substantial loss, particularly as the only executable order was for costs
Order 42 Rule 6(2) requires satisfaction that substantial loss may result and that the application was made without unreasonable delay, plus security. Citing Kenya Shell Limited v Karuga, the court found substantial loss to be the cornerstone of the jurisdiction for granting stay and held the Applicants had not persuaded the court that paying the costs ordered against them would amount to substantial loss.
Legal principles established
#- A negative order, such as a dismissal of a suit, is incapable of execution and therefore incapable of stay save in respect of costs
Court orders
#- 1.The Applicants' Notice of Motion application dated 4th November 2024 is dismissed
- 2.Costs of the application awarded to the Respondents
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules; stay of execution governed by Order 42 Rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Oyoo & 7 others v Oyoo & 6 others (Enviromental and Land Originating Summons 37 of 2020) [2025] KEELC 456 (KLR)", Case Analysis (2025). Notice of Motion dated 4th November 2024 (in Originating Summons dated 20th May 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/456/eng@2025-02-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.