Owour & 3 others (2nd and 3rd Appellants Suing as the Administrators of the Estate of Dr. John Moroiyiani Ole Tameno alias John Tameno - Deceased) v Senior Chief, Kibiko Location & 2 others (Environment and Land Appeal E039 of 2024) [2025] KEELC 3704 (KLR)
The bottom line
#The Environment and Land Court refused to pause execution of a land judgment because the appellants could not show they would suffer substantial loss.
What this practically means
#Executive summary
#Key legal issues
#Whether the requirements of Order 42 rule 6(2) for stay of execution were met
The Appellants failed to establish substantial loss; the application did not meet the rule's conditions
The Court considered the affidavits and noted that the Ngong District Surveyor's report dated 2nd November 2021 concluded there were irregularities in the manner the suit properties came into existence. The Appellants' claim that they would lose their properties if the 2nd Respondent constructed a road was not sufficient to demonstrate substantial loss, and the application failed the Order 42 rule 6(2) threshold.
Whether temporary injunction pending appeal ought to issue
Refused; the appeal would not be rendered nugatory without the injunction
Applying the principles in Patricia Njeri & 3 others v National Museum of Kenya, the Court noted that injunction pending appeal is discretionary, refused where the appeal is frivolous or where greater hardship would result, and requires that refusal would render the appeal nugatory. The Court was not persuaded that refusal of the injunction would render the appeal nugatory, and declined to grant the injunction.
Legal principles established
#- An applicant for stay of execution must demonstrate substantial loss, that the application was made without unreasonable delay, and offer security
- An order of injunction pending appeal will not issue where the appeal is not rendered nugatory by its refusal
Court orders
#- 1.The Notice of Motion dated 20th August 2024 is dismissed
- 2.Costs of the application to the 2nd Respondent
- On appeal from
- Chief Magistrate's Court, Ngong (Environment and Land)
- Ngong E.L.C. Case No. 41 of 2018
- Jurisdiction invoked
- Order 42 rule 6 of the Civil Procedure Rules (2010); Section 26(1) of the Land Registration Act, Cap 300; Article 159(2)(d) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Owour & 3 others (2nd and 3rd Appellants Suing as the Administrators of the Estate of Dr. John Moroiyiani Ole Tameno alias John Tameno - Deceased) v Senior Chief, Kibiko Location & 2 others (Environment and Land Appeal E039 of 2024) [2025] KEELC 3704 (KLR)", Case Analysis (2025). Ngong ELC Appeal (arising from Ngong E.L.C. Case No. 41 of 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3704/eng@2025-05-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.