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ELCAllowed· [2025] KEELC 717 (KLR)
Kaleli v Bomu Headlam (Sued as the administrator of the Estate of Headlam S Mnene (Deceased) and on his own behalf) & 5 others (Environment & Land Case 1 of 2023) (Environment and Land) [2025] KEELC 717 (KLR)
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·~9 min to read original · ~4 min briefThe bottom line
#The Environment and Land Court in Voi paused the eviction judgment, but only because the losing party agreed to deposit Kshs. 500,000 as security within 30 days.
What this practically means
#Executive summary
#This is a ruling of the Environment and Land Court at Voi (E. K. Wabwoto, J) on the 1st to 5th Defendants' Notice of Motion dated 3rd December 2024 seeking stay of execution of the court's judgment of 15th November 2024, by which judgment had been entered in favour of the Plaintiff as prayed in the plaint. The Applicants filed a Notice of Appeal on 22nd November 2024 and later instituted Civil Appeal E004 of 2025, contending they had arguable grounds, had moved timeously (18 days after judgment), and were willing to furnish security. The Plaintiff/Respondent opposed, arguing the Defendants had polluted hands, having disobeyed the court's status quo orders by continuing to cultivate the land, planting bananas and mango trees, and occupying the land unlawfully since 2004 to the detriment of a Respondent aged over 70 years. The court framed a single issue: whether stay pending appeal should issue. It recited the four fetters on discretion under Order 42 Rule 6 of the Civil Procedure Rules and the Butt v Rent Restriction Tribunal guidelines, holding that stay is discretionary and that mere assertions of substantial loss without proof will not suffice, and that a Notice of Appeal does not automatically warrant stay. Finding no delay, security offered, and that execution (eviction) would render the appeal nugatory, the court granted a conditional stay: Kshs. 500,000/= deposited in a joint interest-earning account of both advocates within 30 days, failing which the stay lapses automatically. Each party was ordered to bear its own costs of the application.
Key legal issues
#01
Whether the applicants satisfied the conditions for stay of execution pending appeal under Order 42 Rule 6 of the Civil Procedure Rules
Holding
Stay granted conditioned on deposit of Kshs. 500,000/= as security, as the application was filed timeously, security was offered, and execution would render the appeal nugatory
Reasoning
The court applied the four fetters on its discretion: the application was filed 18 days after judgment with no unreasonable delay; the applicants offered security; and if the respondent executed the decree by evicting the applicants, the appeal would be rendered nugatory. The court balanced the applicants' appeal rights against the respondent's entitlement to the fruits of judgment, granting a conditional stay rather than an unconditional one.
p. 4
Legal principles established
#- Stay of execution pending appeal is a discretionary remedy fettered by four conditions: just cause, substantial loss, security, and no unreasonable delay
- A successful litigant is entitled to the fruits of judgment unless exceptional circumstances exist
- Mere assertions of substantial loss are insufficient; the applicant must prove substantial loss, and a Notice of Appeal does not automatically warrant stay
- Equitable maxim: an applicant for discretionary relief must come with clean hands
Court orders
#- 1.An order staying the execution of the judgment and decree delivered on 15th November 2024 granted pending the hearing and determination of the Appeal on condition that the applicants deposit a sum of Kshs. 500,000/= as security in a joint interest earning account of both Advocates within 30 days
- 2.Failure to comply with Order (i), the stay so granted shall automatically lapse
- 3.Each party to bear own costs of this application
- Jurisdiction invoked
- Order 42 Rule 6(1) and (2) of the Civil Procedure Rules, 2010 (stay of execution pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kaleli v Bomu Headlam (Sued as the administrator of the Estate of Headlam S Mnene (Deceased) and on his own behalf) & 5 others (Environment & Land Case 1 of 2023) (Environment and Land) [2025] KEELC 717 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/717/eng@2025-02-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.