Otube v Wanjira & 2 others (Sued as Representatives and Officials of Pave Counselling & Development Group) & 3 others (Environment and Land Appeal E74 of 2025) [2026] KEELC 393 (KLR) (3 February 2026) (Ruling)

Facts

The Appellant/Applicant, Benard Simiyu Otube, was aggrieved by a judgment delivered on 23rd October 2025 by Hon. C. M. Muhoro SRM, Chief Magistrate at Nakuru, in CMELC/219/2018. The judgment was stayed by the Chief Magistrate. The Appellant/Applicant sought a stay of execution of the judgment and decree, as well as an appeal against the judgment.

Issues

1. Whether the court should grant a stay of execution of the judgment and decree of the Chief Magistrate's court at Nakuru in CMELC/219/2018 delivered on 23rd October 2025
2. Whether the Applicant will suffer substantial loss if an order of stay is not granted

Reasoning

The court found that the application was filed expeditiously and that the Applicant will suffer substantial loss if the order of stay is not granted. The court also considered the Respondent’s intention to protect the interest of the 1st Respondent and the Applicant by ordering the deposit of the original title deed to the suit land in court, or the registration of an inhibition or a caution to stop any dealings on the suit land pending the hearing and determination of the Appeal.

Outcome

The court granted the stay of execution of the judgment and decree pending the hearing and determination of the Appellant’s intended appeal.

Authorities cited