Kitonga & 2 others v Hashtag Biz Hub Co. Limited (Environment and Land Appeal 67 of 2019) [2025] KEELC 3820 (KLR)

The court examined Section 80 of the Civil Procedure Act and Order 45 Rule 1 of the Civil Procedure Rules, which allow review on discovery of new and important matter, error apparent on the face of the record, or other sufficient reason, without unreasonable delay. It found the Respondent's own annexures showed the Court of Appeal application was disposed of on 16th December 2022 and the memorandum of appeal related to an intended appeal whose reliefs had already been achieved by the judgment of 14th March 2024. There was thus no pending appeal and no error to correct.

The court held that stay of execution orders preserve the subject matter pending determination of an appeal. Since the existence and pendency of an appeal against the judgment was not established, and the Respondent had not appealed nor indicated an intention to appeal, there were no grounds for stay.