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ELCPartially AllowedNot stated on the face of the extract (appeal arising from Kaloleni ELC No E003 of 2024)

Kombe v Ngumbao & another (Land Case Appeal E056 of 2025) [2026] KEELC 2362 (KLR)

Environment and Land Court
23 April 2026
MNMwangi Njoroge
352 words in judgment
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The bottom line

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The Environment and Land Court in Malindi stopped enforcement of a Kilifi land judgment, protecting the appellant's property rights while his appeal is heard.

What this practically means

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Executive summary

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This was a ruling on a notice of motion dated 13th November 2025 in which the applicant, Kenga Charo Kombe, sought stay of execution of the judgment and decree in Kaloleni ELC No E003 of 2024 (Kenga Charo Kombe v Kadhengi Ngumbao Mkwavi and The Land Adjudication and Settlement Officer Kilifi) pending appeal. The respondent filed a replying affidavit dated 4th December 2025 opposing the application on grounds of inordinate delay, the correctness of the lower court's judgment, absence of triable issues, belated service of the appeal, frustration of his quiet possession of lawfully acquired property, continued trespass by the applicant, and lack of jurisdiction in the magistrate's court. He further contended that the interim orders previously granted under prayer 2 ought to be set aside because the applicant had not deposited the general damages awarded as security, as required under Order 42 Rule 6 of the Civil Procedure Rules. The court, per Mwangi Njoroge J, noted from the physical file and the Judiciary CTS that the record of appeal had been filed on 28th January 2026 and served on 29th January 2026, and that the appeal was only awaiting directions as to hearing. Observing that expedition would bring finality to the dispute, the court granted prayer 3 (stay of execution) as prayed, ordered that costs of the application abide the outcome of the appeal, fixed the appeal for mention on 16th May 2026 for directions as to hearing, and directed the appellant to supply a physical copy of the record of appeal before that date. The application was thus partially allowed; the respondent's request to set aside the interim orders was not upheld. Delivered at Malindi on 23rd April 2026.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether stay of execution of the judgment and decree in Kaloleni ELC No E003 of 2024 should be granted pending appeal
  2. 2.Whether the interim orders granted should be set aside for non-compliance with Order 42 Rule 6 obligations (deposit of security)
  3. 3.Whether the appeal should be expedited for directions and hearing

Key legal issues

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01

Stay of execution pending appeal

Holding

Stay of execution (prayer 3) granted pending the hearing and determination of the appeal

Reasoning

The applicant sought stay of execution of the lower court judgment and decree pending appeal. The respondent opposed on grounds of delay, lack of triable issues, belated service and non-deposit of security under Order 42 Rule 6. The court noted the record of appeal had been filed and served and that the appeal was ready for directions, and granted the stay while directing expedition of the appeal.

p. 2
02

Expedition of the appeal

Holding

The appeal was fixed for directions on 16th May 2026 and the appellant ordered to supply a physical copy of the record of appeal

Reasoning

The court observed from the physical file and Judiciary CTS that the record of appeal was filed on 28th January 2026 and served on 29th January 2026. With the appeal pending directions, the court considered it proper to fix a mention date for directions so the dispute reaches finality for the relief of all parties.

p. 2

Legal principles established

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  • Where an appeal is only awaiting directions as to hearing, the proper course is to expedite the hearing to bring finality to the dispute

Court orders

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  1. 1.Prayer number 3 of the application dated 13th November 2025 granted as prayed (stay of execution pending appeal)
  2. 2.Costs of the application to abide the outcome of the appeal
  3. 3.Appeal to be mentioned on 16th May 2026 for issuance of directions as to hearing
  4. 4.Appellant to supply a physical copy of the record of appeal before 16th May 2026 for the court record

The bench

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One judgment of the whole court — no separate or dissenting opinions.

MN
majority

Wrote the judgment

On appeal from
Magistrate's Court (Kaloleni)
ELC No E003 of 2024
Jurisdiction invoked
Order 42 Rule 6 of the Civil Procedure Rules (appellate jurisdiction of the ELC over the magistrate's court)

Relief refused

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Setting aside the interim orders granted under prayer number 2

The court instead granted stay and directed expeditious hearing of the appeal; the respondent's contention on lack of security deposit was not upheld in the final orders

p. 1

Costs

The costs of the application shall abide the outcome of the appeal.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Prayer number 3 of the application is granted as prayed
p. 2stay of execution granted
The costs of the application shall abide the outcome of the appeal
p. 2costs order
the appeal is only awaiting directions as to hearing, and it is only proper that the hearing be expedited to bring a final conclusion to the entire dispute for the relief of all the parties
p. 1expedition of appeal
The appeal shall be mentioned on 16th May 2026 for the issuance of directions as to hearing
p. 2final orders - mention date

Issues in the judgment

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minor

The case number of the appeal before the ELC is not stated in the judgment; only the lower court case (Kaloleni ELC No E003 of 2024) is identified

minor

The respondent is described as opposing on the ground that the magistrate's court had jurisdiction, an apparent reference to the lower court, but the judgment makes no finding on this ground

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, "Kombe v Ngumbao & another (Land Case Appeal E056 of 2025) [2026] KEELC 2362 (KLR)", Case Analysis (2026). Not stated on the face of the extract (appeal arising from Kaloleni ELC No E003 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2362/eng@2026-04-23

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