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ELCAllowedNot stated in the judgment· [2026] KEELC 743 (KLR)

Takata Limited v Solio Ranch Limited & another (Environment and Land Case 18 of 2021) [2026] KEELC 743 (KLR)

High Court of Kenya
11 February 2026
LMLUCY N. MBUGUA
377 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The High Court in Nanyuki gave judgment debtors a final three-month window to lodge their appeal before a Kshs 29 million award can be enforced.

What this practically means

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Executive summary

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This is a ruling on a notice of motion dated 25 November 2025 in which the defendants sought a stay of execution of a judgment delivered on 24 September 2025, in which they were ordered to pay the plaintiff Kshs 29,000,000 as damages for breach of contract plus costs and interest. The applicants, intending to appeal, argued that the sum was colossal. The plaintiff opposed through a replying affidavit dated 15 December 2025, contending that the application had not met the threshold for a stay and that eleven years had lapsed since the sale agreement. The court considered Order 42 rule 6 of the Civil Procedure Rules and case law on stay of execution, and held that the grant of a stay is discretionary, requiring a balance between the interests of the applicant and those of the respondent. Noting that judgment had been delivered in September 2025 with an initial sixty-day stay already granted, making the judgment about five months old, the court declined to examine whether the intended appeal was arguable, holding that was not its function. It instead considered it sufficient to give the applicant a window to ventilate its issues before the higher court. The court granted a further and final stay of execution of the judgment for three months from the date of the ruling, and ordered the applicants to meet the costs of the application. The ruling was delivered at Nanyuki on 11 February 2026 via Microsoft Teams.

Key legal issues

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01

Whether to grant stay of execution of judgment pending appeal

Holding

Stay granted for a further and final period of three months, applicants to bear costs of the application.

Reasoning

The court exercised its discretion under Order 42 rule 6, balancing the interests of the applicant and respondent. Judgment had been delivered in September 2025 with an initial 60-day stay, making it about five months old. The court declined to assess the arguability of the intended appeal but considered it sufficient to give the applicant a window to ventilate its issues at the higher court, hence a further final three-month stay.

p. 2

Legal principles established

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  • The court has discretion to grant or refuse a stay of execution pending appeal, balancing the interests of the applicant against those of the respondent.
  • It is not for the court deciding a stay application to consider whether the intended appeal is arguable.

Court orders

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  1. 1.A further and final order of stay of execution of the judgment lasting three months from the date of delivery of the ruling
  2. 2.Applicants to meet the costs of the application

Authorities

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Legislation

  • Civil Procedure RulesOrder 42 rule 6

Cases cited (3)

  • Beatrice Wambui Kabui & 7 others v Stephen Kimotho Kabui
    [2016] eKLR
  • Selestica Limited v Gold Rock Development Ltd
    [2015]
  • Mwaniki Murangiri v Ndwiga Murangiri Muruambuci & another
    [2019] eKLR
Jurisdiction invoked
Order 42 rule 6 of the Civil Procedure Rules (stay of execution pending appeal)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Takata Limited v Solio Ranch Limited & another (Environment and Land Case 18 of 2021) [2026] KEELC 743 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/743/eng@2026-02-11

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