Wamukota (Suing on Behalf and as a Done of Power of Attorney from Jean Muyenyo Kitongo) v Masika (Environment and Land Appeal E005 of 2025) [2025] KEELC 4004 (KLR)

The court noted it was not disputed that the applicant is the registered proprietor of the suit property, and the impugned judgment directed transfer of 4 acres to the respondent, failing which the court administrator would execute the transfer. Because the applicant denied the respondent's trust claim and asserted registered owners' interests, transferring the land would strip away the very substratum of the appeal, rendering it nugatory if it ultimately succeeded.

The court compared the date of delivery of the impugned judgment with the date of filing of the application and found only a five-day interval, which it held did not amount to unreasonable delay under Order 42 Rule 6(2)(a) of the Civil Procedure Rules.

The court observed that the security limb of Order 42 Rule 6(2)(b) is couched in mandatory terms and requires an applicant to furnish security for due performance of the decree. The applicant had stated willingness to abide by any orders as to security, and the court consequently fixed security in the form of deposit of the title deed within 30 days, failing which the stay would lapse automatically.