Makathimo alias Itangata Makathimo v Kimathi & 2 others (Civil Application E001 of 2024) [2024] KECA 763 (KLR) (21 June 2024) (Ruling)

Facts

A suit was filed in the Meru Chief Magistrates' Court in Meru CM ELC No. E015 of 2020 by Grace Kathure Kimathi, Priscilla Mwarania Nthuku, and Felicity Makathimo Kaigongi against Francis Mburugu Makathimo alias Itangata Makathimo. The suit was affirmed by the Environment and Land Court in Meru ELC Appeal No. E020 of 2022.

Issues

1. Whether the intended appeal will render the orders of the Environment and Land Court nugatory
2. Whether the High Court has jurisdiction to grant a stay of execution of the judgment and decree in Meru CM ELC No. E015 of 2020

Reasoning

The orders of the Environment and Land Court are not capable of being stayed as the High Court did not order the parties to do anything or refrain from doing anything. The jurisdiction to grant a stay of execution in civil proceedings is dependent on a notice of appeal being lodged against the judgment sought to be stayed.

Outcome

The application is dismissed with costs.

Authorities cited