Ririani v Adan & another (Environment and Land Case Civil Suit 189 of 2019) [2025] KEELC 8108 (KLR) (20 November 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 8108
- Citation
- [2025] KEELC 8108 (KLR)
- Decided
- 20 November 2025
Summary at a glance
Facts
The plaintiff, Jane Wanjiru Ririani, initiated a suit seeking ownership of a property known as I.R. No. 29542 / L.R. No. 209/8294/119, situated in Akiba United Estate, South C, Nairobi County. The court dismissed her suit, finding that the legal charge dated 17th June 2016 and registered on 19th September 2016 over the suit property was valid, legal, and enforceable against the Chargor. The plaintiff intends to appeal the decision.
Issues
- Whether the court has jurisdiction to entertain the Motion?
- Whether the Applicant has satisfactorily demonstrated the conditions warranting the grant of stay of execution pending Appeal?
Reasoning
The court acknowledged its jurisdiction to determine the matter, as the Motion is distinct and does not involve revisiting the validity of the 2nd Defendant’s statutory power of sale. The court found that the plaintiff would suffer substantial loss if the stay is not granted, and thus grants the stay.
Outcome
The court grants the stay of execution of the Judgment and Decree pending the hearing and determination of the Appeal at the Court of Appeal.
Orders
- An order of stay of execution of the Judgment and Decree delivered on the 20th day of March, 2025 does hereby issue pending the hearing and determination of the Appeal at the Court of Appeal.
Remedies
- Each party will cater for its own costs.
Authorities cited
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