Peter Kazungu Kalama & another v Justine Kazungu (Suing on his own behalf and on behalf of the Estate of Baya Mwanyule Jefa & another [2021] KECA 529 (KLR)

Facts

The Environment and Land Court (ELC) delivered a judgment allowing Justine Kazungu's claim for a permanent injunction against Albert Kalama Nzaro and Peter Kazungu Kalama, restraining them from selling, taking possession, or dealing with Plot No. 146/Kilifi/Kadzonzo/Madzimbani (suit property). The court also ordered Albert to deliver the title deed for the suit property to the Land Registrar for cancellation.

Issues

1. Whether the applicants have an arguable appeal
2. Whether the orders sought are necessary to prevent the judgment from being rendered nugatory
3. Whether the application for stay of execution is premature

Reasoning

The applicants have provided a draft memorandum of appeal with at least one arguable issue. The court finds that the applicants have met the threshold for arguability. The court also considers that the applicants may not have access to the suit property if the orders are not granted, making the appeal nugatory.

Outcome

The application for stay of execution of the judgment and stay of further proceedings in the ELC No. 206 of 2014 is granted.