Hassan v Ahmed (Suing as the Administrator of the Estate of the Late Khadija Saleh Shruti) & 2 others (Environment and Land Appeal E043 of 2025) [2026] KEELC 4696 (KLR)
The bottom line
#A Mombasa court stopped the demolition of a man's home pending appeal, but only after he deposits Kshs 2.5 million as security within 45 days.
What this practically means
#Executive summary
#Key legal issues
#Whether the application was made without unreasonable delay
Yes; filed seven days after judgment.
The court noted that the application for stay was lodged barely seven days after the judgment appealed from, which it found was prompt enough to satisfy the delay requirement of Order 42 Rule 6(2)(a).
Whether the Appellant would suffer substantial loss
Yes; demolition of his residence and livelihood would cause substantial loss if the appeal succeeds.
The Appellant had constructed a storeyed building on the suit property in which he resided. Since the trial court ordered demolition and vacating, execution before the appeal would destroy the subject matter and render the appeal nugatory; any prejudice to the Respondents was remediable in damages and costs.
Whether stay should be conditional on security
Yes; stay granted conditional on a deposit of Kshs. 2,500,000/=.
The court balanced the Appellant's right of appeal against the Respondents' right to enjoy the fruits of the judgment, and granted stay subject to security for costs, conditioned so the stay lapses on default within 45 days.
Legal principles established
#- An appeal does not operate as an automatic stay; stay requires satisfaction of the conditions in Order 42 Rule 6(2): substantial loss, no unreasonable delay, and security.
Court orders
#- 1.Stay of execution of the Judgment and decree dated 4th July 2025 pending the hearing and determination of the Appeal
- 2.Stay conditional upon the Appellant depositing Kshs. 2,500,000/= in a joint interest-earning account in the names of the Advocates for both parties within 45 days, failing which the stay lapses and the 1st Respondent may execute
- 3.Costs of the application to abide the outcome of the Appeal
- On appeal from
- Mombasa CMELC (Chief Magistrate's Court)
- Mombasa CMELC Case No. 85 of 2019
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules, 2010 (appeal to the Environment and Land Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hassan v Ahmed (Suing as the Administrator of the Estate of the Late Khadija Saleh Shruti) & 2 others (Environment and Land Appeal E043 of 2025) [2026] KEELC 4696 (KLR)", Case Analysis (2026). MSA. ELCA. E043 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4696/eng@2026-07-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.