Sabina Kemunto Nyangacha v Raymond Nyagwoka & 4 others
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff satisfied the Order 42 rule 6 test for stay pending appeal
Yes; substantial loss was shown because the estate of Sabina Kemunto Barasa (deceased) could be registered as proprietor before the appeal was determined, and the delay of about three months was not unreasonable.
The court found that enforcement of the decree could change proprietorship of the suit property, which would constitute substantial loss. The register showed no entries effecting the decree, so the threat of execution remained. A three-month delay in filing was not unreasonable in the circumstances, and the court limited the stay's lifespan to encourage diligent prosecution of the appeal.
Whether there was anything to stay given the defendants' claim that the judgment had been executed
No execution of the decree appeared on the register; entries 14 and 15 post-dating the judgment were unrelated to the decree, so the threat of execution still loomed.
The court compared the delivery date of the judgment with the certified register annexed by the defendants. The only post-judgment entries were actions by the Land Registrar under other provisions of law, not enforcement of the decree, leaving the decree capable of enforcement.
Legal principles established
#- An applicant for stay pending appeal must demonstrate substantial loss, that the application was made without unreasonable delay, and must give such security as the Court may order for due performance of the decree.
Court orders
#- 1.Stay of execution of the judgment and decree of 11th March 2026 together with all consequential orders arising therefrom pending hearing and determination of Civil Appeal No. E125 of 2026 in the Court of Appeal at Kisumu
- 2.The stay orders shall, unless otherwise ordered, remain in force until the determination of the appeal or for a period of only 2 years from the date of the ruling, whichever occurs first
- 3.Costs of the application shall abide the outcome of the appeal
- On appeal from
- Court of Appeal
- Civil Appeal No. E125 of 2026 (Kisumu)
- Jurisdiction invoked
- Order 42 rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sabina Kemunto Nyangacha v Raymond Nyagwoka & 4 others", Case Analysis (2026). ELCLC No. E006 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5503/eng@2026-09-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.