Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially Allowed· [2025] KEELC 5204 (KLR)

Ntiapuyok & another v Puffins Investment Limited & 2 others (Environment and Land Case Civil Suit 203 & 222 of 2017 (Consolidated)) [2025] KEELC 5204 (KLR)

Environment and Land Court
10 July 2025
MMM.D. Mwangi
1,235 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

A Kajiado court stopped the sale of disputed land pending appeal, ruling that an injunction can do the same job as a stay of execution.

What this practically means

#

Executive summary

#
This is a ruling of the Environment and Land Court at Kajiado (M.D. Mwangi J) on the Plaintiffs/Applicants' Notice of Motion seeking a stay of execution of the judgment delivered on 15th May 2024 by Gicheru J and an injunction restraining the Defendants from selling, transferring or disposing of the suit property, L.R. No. Kjd/Kaputiei-North/1426, pending appeal to the Court of Appeal. The Applicants, through affidavits of Kishoro Leponyo Ntiapuyok and Wilson Guantai Kishoro, asserted an arguable appeal, absence of unreasonable delay, and that the 1st Defendant had held in abeyance a sale of the suit property to East Africa Portland Housing Sacco Limited, with Kshs. 70,000,000/- held by the Purchaser's advocates. The 1st Defendant, through director Kartic K. Shah, opposed the application as frivolous and an attempt to deny it the fruits of its judgment, noting a parallel application in the Court of Appeal (Civil Application No. E 322 of 2024) which the Applicants admitted had been struck out on 16th September 2024. Framing a single issue - whether the orders sought should issue - the court held that stay and injunction pending appeal both serve to preserve the subject matter so a successful appeal is not rendered nugatory. Applying Patricia Njeri v National Museum of Kenya, Giella v Cassman Brown and Shem David Mukumbi v Alice Nzula Kilonzo, and the overriding objective in Sections 1A and 1B of the Civil Procedure Act, the court granted the injunction as sought, restraining the Defendants from selling, transferring or disposing of the suit property pending appeal, with costs in the cause. The relief of stay of execution was not separately granted.

Key legal issues

#
01

Whether to grant an injunction and/or stay of execution pending appeal

Holding

Injunction granted restraining the Defendants from selling, transferring or disposing of the suit property pending appeal; the application was brought without unreasonable delay and the subject matter was at imminent risk of sale which would render the appeal nugatory

Reasoning

The court held that injunction and stay pending appeal both serve to preserve the subject matter so a legitimate appeal is not rendered nugatory. Applying the Patricia Njeri principles and Odunga J's exposition of the overriding objective, and noting the Applicants' material evidence that the suit property was at imminent risk of sale to East Africa Portland Housing Sacco Limited with Kshs. 70,000,000/- already held, the court found it in the interest of justice to grant the injunction.

p. 3

Legal principles established

#
  • An application for injunction pending appeal and stay of execution serve the same purpose of preserving the subject matter so the appeal is not rendered nugatory
  • Under the overriding objective (Sections 1A and 1B Civil Procedure Act) pre-overriding-objective precedent must be interpreted to give effect to that objective

Court orders

#
  1. 1.An order of injunction restraining the Defendants from selling, transferring and or disposing of the suit property L.R. No. Kjd/Kaputiei-North/1426 pending the hearing and determination of the appeal filed in the Court of Appeal
  2. 2.Costs of the application shall be in the cause

Authorities

#

Legislation

  • Civil Procedure ActSections 1A and 1B

Cases cited (3)

  • Patricia Njeri & 3 others –vs- National Museum of Kenya
    (2004) eKLR
  • Giella –vs- Cassman Brown
    (1973) E.A. 358
  • Shem David Mukumbi –vs- Alice Nzula Kilonzo
    (2021) KEHC 13430 (KLR)
Jurisdiction invoked
Inherent discretion under the Civil Procedure Act, including Sections 1A and 1B (overriding objective), on an interlocutory application pending appeal to the Court of Appeal

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Ntiapuyok & another v Puffins Investment Limited & 2 others (Environment and Land Case Civil Suit 203 & 222 of 2017 (Consolidated)) [2025] KEELC 5204 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5204/eng@2025-07-10

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