Kikambala Housing Estate Limited v Bank of Africa Limited & 25 others; Bank of Africa Limited (Interested Party) (Civil Application E026 & E029 of 2024 (Consolidated)) [2025] KECA 938 (KLR) (23 May 2025) (Ruling)

Facts

The applicant, Kikambala Housing Estate Limited, sought a stay of execution of a judgment/decree of the Environment and Land Court of Kenya, alleging that the respondents, including Bank of Africa Limited and the Land Registrar, had insufficient resources to pay back the decretal sum. The 1st respondents in Civil Application No. E029 of 2024 were not parties in Civil Application No. E026 of 2024.

Issues

1. Whether the applicant has demonstrated loss or damage likely to suffer by giving the 1st respondents what rightfully belongs to them.
2. Whether the appeal would be rendered nugatory absent a stay.
3. Whether the principles under rule 5(2)(b) are satisfied conjunctively and not in isolation.

Reasoning

The court found that the applicant has not aptly demonstrated the loss or damage it is likely to suffer by giving the 1st respondents what rightfully belongs to them. The appeal would not be rendered nugatory absent a stay, but the principles under rule 5(2)(b) must be satisfied conjunctively and not in isolation.

Outcome

Appeal dismissed