Zabedi v Ngome (Environment and Land Appeal E018 of 2024) [2025] KEELC 5096 (KLR)
The bottom line
#A Kenyan land court dismissed an appellant's request to pause execution of a land ruling because he gave no evidence he would suffer real loss if it proceeded.
What this practically means
#Executive summary
#Key legal issues
#Stay of execution pending appeal
Refused for failure to demonstrate substantial loss, lack of unreasonable delay, or security
The court applied Order 42 Rule 6(2) and the Butt v Rent Restriction Tribunal principles. Execution is a lawful process that follows a decree; mere likelihood of execution does not amount to substantial loss. The applicant adduced no evidence of substantial loss nor demonstrated an arguable appeal, so the stay could not issue.
Injunction pending appeal against the respondent
Refused; the appellant made serious but unsubstantiated allegations without evidence
Under Order 42 Rule 6(6) the appellate court may grant a temporary injunction where the appeal procedure is complied with, but the applicant must still demonstrate a right and irreparable loss. The appellant's claims that the trial magistrate and ODPP were bribed were unsupported and the accused persons were not parties with a right of reply.
Legal principles established
#- Imminent execution alone is not a basis for stay of execution pending appeal; the applicant must show substantial loss, absence of unreasonable delay and willingness to furnish security
Court orders
#- 1.The application dated 12th November 2024 is dismissed
- 2.No order as to costs
- On appeal from
- Principal Magistrate's Court, Butali
- ELC No. E002 of 2022
- Jurisdiction invoked
- Order 42 Rules 6(2) and 6(6) of the Civil Procedure Rules (appellate jurisdiction of the High Court/ELC over subordinate court appeals)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Zabedi v Ngome (Environment and Land Appeal E018 of 2024) [2025] KEELC 5096 (KLR)", Case Analysis (2025). MCELC E002/2022 (Summons dated 12th November, 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5096/eng@2025-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.