Phelix v Melrok Energy Limited & another (Land Case Appeal E032 of 2026) [2026] KEELC 2408 (KLR) (30 April 2026) (Ruling)

Summary at a glance

Facts

The Appellant, Oswea Phelix, sought an order of stay of execution of the BPRT ruling and a temporary injunction against the Respondents, Melrok Energy Limited and Auckland Agencies Auctioneers, pending the hearing and determination of the appeal.

Issues

• Whether the Court has jurisdiction to entertain the applications
• Whether the Appellant has satisfied the conditions for the grant of an order of stay of execution and/or a temporary injunction
• Whether the Respondents are in contempt of the orders of the Court

Reasoning

The Court found that the actions complained of were not in direct violation of any specific directive in the Appellant's case and were not willful disobedience of a Court order.

Outcome

Appeal dismissed

Orders

• The current status quo as directed by the Court on 14th April 2026 shall be maintained pending the hearing and determination of the appeal.
• The Appellant shall remain in possession of Shop No. 3 on L.R. No. 136/7879 but shall not operate his business therein.
• Execution of the BPRT ruling delivered on 19th February 2026 and any further distress, eviction, auction or adverse action by the Respondents is stayed.
• The Respondents are restrained from interfering with the Appellant’s quiet possession of the said premises on the aforesaid terms.

Remedies

• The Appellant shall remain in possession of Shop No. 3 on L.R. No. 136/7879 but shall not operate his business therein.
• Execution of the BPRT ruling delivered on 19th February 2026 and any further distress, eviction, auction or adverse action by the Respondents is stayed.
• The Respondents are restrained from interfering with the Appellant’s quiet possession of the said premises on the aforesaid terms.

Authorities cited