Ndungu v Ndichu & 2 others (Civil Application E566 of 2024) [2025] KECA 1482 (KLR) (12 September 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1482
- Citation
- [2025] KECA 1482 (KLR)
- Decided
- 12 September 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution of judgmentCoramJAMILA MOHAMMED, F. OCHIENG, A. O. MUCHELULE
Holding
The application is allowed on condition that the applicant files and serves the appeal within 30 days from the date of the ruling.
Facts
Joseph Ndichu sued Ann Wairimu Ndungu and Embakasi Ranching Company Limited for ownership of two plots of land. The Environment and Land Court declared Ndichu the rightful owner and ordered eviction. Ndungu applied for a stay of execution and to join the suit.
Issues
- Whether the appeal is arguable
- Whether the execution of the judgment would be rendered nugatory if stayed
Reasoning
The court found the appeal arguable and that the execution of the judgment would be rendered nugatory if stayed, due to the risk of the applicant being committed to civil jail.
Outcome
Application allowed with conditions
Orders
- Stay of execution of judgment pending appeal
- Applicant to file and serve appeal within 30 days
Remedies
- None specified
Authorities cited
Cases cited (1)
- ABN Amro Bank N. K. v Le Monoe Foods, Civil Application No. 15 of 2002 at Nairobi
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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