Ajala v Amimo & another (Environment and Land Appeal E084 of 2025) [2025] KEELC 7202 (KLR)
The bottom line
#The Kisumu Environment and Land Court refused to pause execution because an order striking out a suit cannot be enforced except for costs.
What this practically means
#Executive summary
#Key legal issues
#Whether stay of execution of a negative order (striking out of suit) can be granted
A negative order striking out a suit is incapable of execution save for recovery of costs, and stay cannot issue absent evidence that execution for costs has commenced
The court perused the ruling appealed against and found it upheld a preliminary objection and struck out the suit for lack of jurisdiction. Because such an order is negative, there is nothing to execute except costs. As no process for recovery of costs had commenced, the claimed irreparable loss would not flow from execution of the ruling, and the substantial-loss condition failed.
Whether the applicant satisfied the conditions for stay under Order 42 Rule 6(2)
Only the promptness condition was met; substantial loss and security were not demonstrated, so the application failed
The court set out the three statutory grounds for stay: substantial loss, application brought without unreasonable delay, and provision of security for due performance of any decree ultimately binding on the applicant. Although the application was brought without unreasonable delay, the applicant failed to demonstrate the remaining grounds, rendering the application unmerited.
Legal principles established
#- An order striking out a suit is a negative order incapable of execution except for recovery of costs
- The conditions for stay of execution pending appeal under Order 42 Rule 6(2) are substantial loss, application without unreasonable delay, and security for due performance
Court orders
#- 1.The Notice of Motion dated 23rd September 2025 is dismissed for lack of merit
- 2.No order as to costs
- On appeal from
- Trial court (not named in the judgment)
- Jurisdiction invoked
- Order 42 Rule 6(2) of the Civil Procedure Rules, 2010 (stay of execution pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ajala v Amimo & another (Environment and Land Appeal E084 of 2025) [2025] KEELC 7202 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7202/eng@2025-10-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.