Avalanche Investment Group Ltd v Katumbi & 2 others (Being the Administrators of the Estate of John Makuthi Kathumbi) (Environment and Land Case 035 of 2021) [2026] KEELC 4620 (KLR)

The court noted that its judgment of 22/10/25 merely dismissed the amended originating summons with costs, imposing no positive obligation on any party. Relying on the authorities on negative orders, it held that an order which commands no party to do or refrain from doing anything is incapable of execution, save perhaps for costs, and therefore incapable of being stayed. Having found no executable order and no demonstrated substantial loss, the court declined to examine the remaining stay criteria.

Although the Applicant alleged that the Respondents might sell the suit property causing irreparable harm, the court found that the Applicant had not demonstrated substantial loss. Since the decree was a dismissal of the Applicant's own suit, the Applicant simply remained in the position it occupied before coming to court; the risk of the appeal being rendered nugatory did not arise. The court therefore found it unnecessary to examine the other criteria for the grant of stay orders.