Akumu & 2 others v Akumu & 2 others (Land Case E043 of 2023) [2026] KEELC 1495 (KLR)
The bottom line
#A Kenyan court allowed a late land appeal and paused title cancellation, provided Kshs.100,000 security is deposited within 45 days.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to file appeal
Leave to appeal out of time granted; appeal deemed filed within time
The court considered the application and supporting affidavit, noting a consent dated 3rd June 2025 between the former advocates and the firm now on record, executed under Order 9 Rule 9. Since the appeal filed on 9th June 2025 was filed after that consent, the prayer for enlargement was found meritorious and allowed.
Stay of execution pending appeal
Stay granted conditioned on a deposit of Kshs.100,000 as security within 45 days
The court noted an earlier application was struck out for non-compliance with Order 9 Rule 9, and that the judgment appealed against directed cancellation of titles held by the applicants. To preserve the status of the suit lands, stay of execution was granted on condition of depositing security, failing which the stay lapses.
Legal principles established
#- A consent under Order 9 Rule 9 Civil Procedure Rules permitting new advocates to take over conduct of a matter validates the filing of an appeal by the incoming firm
- Stay of execution may be granted to preserve the status of suit lands where the judgment appealed against directs cancellation of titles, subject to security
Court orders
#- 1.Time for filing the appeal is enlarged, and the present appeal is deemed to have been filed within time
- 2.Stay of execution of the judgment of the trial court pending the hearing and determination of the appeal, on condition that the applicants deposit in court Kshs.100,000 as security within 45 days, failing which the stay order shall lapse
- 3.Each party shall bear its own costs of the application
- On appeal from
- Senior Resident Magistrate's Court, Kisumu
- Kisumu MC ELC No. E019 of 2024
- Jurisdiction invoked
- Order 9 Rule 9 Civil Procedure Rules; inherent/appellate jurisdiction of the ELC over appeals from magistrates' courts
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Akumu & 2 others v Akumu & 2 others (Land Case E043 of 2023) [2026] KEELC 1495 (KLR)", Case Analysis (2026). Kisumu MC ELC No. E019 of 2024 (appeal therefrom). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1495/eng@2026-03-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.