Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedNotice of motion dated 14-2-2025 (suit judgment delivered 29-1-2025)· [2025] KEELC 1297 (KLR)

Njogu & 3 others (Suing as officials of Kakuzi-Kinyangi Mixed Organic Farmers - CBO) v Kakuzi Limited (Environment and Land Case E007 of 2023) [2025] KEELC 1297 (KLR)

Environment and Land Court
18 March 2025
1,013 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

The court refused to pause enforcement of the land judgment because the applicants proved no loss and offered no security.

What this practically means

#

Executive summary

#
This ruling of the Environment and Land Court at Murang'a (M. N. Gicheru, J) determines a notice of motion dated 14 February 2025 by officials of Kakuzi-Kinyangi Mixed Organic Farmers CBO, the Plaintiffs in the suit, seeking stay of execution of the judgment and decree of 29 January 2025, which had dismissed their suit with costs and allowed the Defendant's counterclaim, pending an intended appeal to the Court of Appeal. The application was brought under Order 42 rule 6 of the Civil Procedure Rules and related provisions, and was opposed by the Defendant, the registered owner of LR No. 10731/R, who argued that the Applicants neither stood to suffer substantial loss nor had provided security. The court applied the three conjunctive conditions in Order 42 rule 6(2). It found the application timely, filed about a fortnight after judgment. However, on substantial loss it held that the Applicants, not being in occupation or possession of the suit land - a finding made in the principal judgment - and having no structures or crops on it, could not claim substantial loss. On security, the court held that readiness and willingness to prosecute the appeal falls short of the security for due performance of the decree required by the rule, which would include a deposit of costs. Since only one of the three conjunctive conditions was met, the motion was dismissed with costs to the Respondent.

Key legal issues

#
01

Substantial loss

Holding

No substantial loss shown because the Applicants are not in occupation or possession of the suit land and have nothing of their own on it

Reasoning

The court relied on its earlier judgment which found no evidence of the Applicants' possession despite their claim of occupation since 1986. They admitted subdividing the land and erecting beacons but called no sufficient evidence of possession. They annexed no photographs showing structures or crops belonging to them on the land, so execution cannot cause them substantial loss.

p. 2
02

Unreasonable delay

Holding

The application was filed expeditiously and this condition was satisfied

Reasoning

Judgment was delivered on 29-1-2025 and the motion was filed on 14-2-2025, a short interval the court found expeditious. This was the only one of the three conditions the Applicants satisfied.

p. 2
03

Security for due performance of the decree

Holding

No security was offered; readiness and willingness to prosecute the appeal is insufficient

Reasoning

The supporting affidavit offered no deposit or other security. The court indicated that security would include a deposit in court of costs in the lower court and estimated appellate costs in case the appeal is dismissed. There was no such commitment by the Applicants.

p. 2

Legal principles established

#
  • The three conditions for grant of a stay of execution under Order 42 rule 6(2) are conjunctive and all must be satisfied.
  • An applicant not in occupation or possession of the suit land cannot claim substantial loss from execution.
  • Readiness and willingness to prosecute an appeal does not amount to security for the due performance of the decree.

Court orders

#
  1. 1.The notice of motion dated 14-2-2025 is dismissed with costs to the Respondent
Jurisdiction invoked
Order 42 rule 6 of the Civil Procedure Rules; sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act; Article 159(2)(d) of the Constitution

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Njogu & 3 others (Suing as officials of Kakuzi-Kinyangi Mixed Organic Farmers - CBO) v Kakuzi Limited (Environment and Land Case E007 of 2023) [2025] KEELC 1297 (KLR)", Case Analysis (2025). Notice of motion dated 14-2-2025 (suit judgment delivered 29-1-2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1297/eng@2025-03-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.