Kibiku (Suing as the Administrator and Legal Representative of the Estate of Gibson Kibiku - Deceased) v Deacons Enterprises Limited & another; Nyawira & 31 others (Interested Parties) (Enviromental and Land Originating Summons 139'B' of 2021) [2026] KEELC 1069 (KLR) (26 February 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1069
- Citation
- [2026] KEELC 1069 (KLR)
- Decided
- 26 February 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEnvironmental and Land DisputePostureAppeal from a judgment declaring the Respondent the owner of land by adverse possessionCoramMOGENI J
Holding
A conditional stay of execution of the Judgment and Decree dated 31/07/2025 is granted pending the hearing and determination of the Appeal Nairobi Civil Appeal No. E790 of 2025.
Facts
The Plaintiff/Respondent was declared the lawful owner of 25 acres of land in Thika by adverse possession. The Applicants/Interested Parties sought to halt the execution of this judgment.
Issues
- Whether the Court should preserve the status quo of the subdivided titles held by the Applicants or allow the Respondent to consolidate and register the land in her name immediately.
- Whether the Applicants should be granted a stay of execution pending the Appeal
Reasoning
The Court found that the Applicants had substantial grounds to seek a stay of execution due to the potential substantial loss they would suffer if the judgment was executed. The Court also noted that the Applicants had not provided security as required by Order 42 Rule 6 of the Civil Procedure Rules.
Outcome
Appeal dismissed with costs to be borne by the Applicants
Orders
- Conditional stay of execution of the Judgment and Decree dated 31/07/2025 pending the hearing and determination of the Appeal Nairobi Civil Appeal No. E790 of 2025.
- Applicants to deposit Kesh 5,000,000 in the joint names of the Lawyers of the Applicants and the Respondents as security for the due performance of the Decree.
- In default of the deposit of the said security within 60 days, the stay of execution shall automatically stand vacated.
- Status Quo regarding the registration and occupation of Land Reference No. 20695 Thika Municipality shall be maintained until the security is deposited or the timeline expires.
Remedies
- Stay of execution pending the Appeal
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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