Onyando & 5 others v Malala & 2 others (Environment and Land Case Civil Suit E003 of 2025) [2025] KEELC 6893 (KLR) (9 October 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 6893
- Citation
- [2025] KEELC 6893 (KLR)
- Decided
- 9 October 2025
Summary at a glance
TypeCivil SuitPostureAppeal from a lower court judgmentCoramSO OKONG'O
The court does not have the power to stay execution of the judgment in the Tamu suit, as it has not been challenged on appeal. The court also does not have jurisdiction to stay proceedings in the Kisumu suit, as it is a matter for the court in that suit.
Facts
The Applicants brought a suit seeking a stay of execution and proceedings pending the hearing of the suit, and a temporary injunction. The suit was brought against the Respondents, who are the owners of the suit properties. The Tamu suit, in which the Respondents were the plaintiffs, was heard and a judgment delivered, but the Applicants were not parties to it.
Issues
- Whether the court has the power to stay execution of a judgment not challenged on appeal
- Whether the court has jurisdiction to stay proceedings in a different suit
Reasoning
The court ruled that the judgment in the Tamu suit remains valid and binding, and that the court's power to stay execution is limited to cases where an appeal has been filed. The court also stated that the jurisdiction to stay proceedings in the Kisumu suit has been invoked in a vacuum.
Outcome
The application was dismissed.
Orders
- The application for a stay of execution and proceedings was dismissed.
- The application for a temporary injunction was dismissed.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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