RULING
1) The Application seeks to stay the Judgement of this Court issued on 14.05.2026.
2) The Applicant has informed the Court that he is aggrieved by the Judgement and has filed a Notice of Appeal.
3) Indeed, the right is enshrined in our Constitution and is recognized to be one which cannot be denied.
4) However, during the appeal process, where there is a Positive Order, then the Court has discretion to stay the same if convinced that the subject matter of the appeal will be interfered with on the Appeal will be rendered nugatory by the implementation of the Positive Order.
5) In the Judgement of this Court, the Plaintiff was declared the lawful owner of the suit property and the titles held by the Defendants declared unlawful.
6) The Land Registrar was directed to cancel all the Respondent’s ownership documents and reinstate the Plaintiff title.
7) Further to that, the Defendants were ordered out of the Plaintiff property on their admission of being in possession of the same since the year 2007.
8) In an effort to compensate the Plaintiff for the unlawful use of the suit property, a sum of Kshs.25,000,000 was assessed as general damages.
9) Looking at the above orders, it is clear that the Judgement has Positive Orders that can be considered for stay pending appeal.
10) However, the Court must balance and ensure the Plaintiff enjoys the fruits of her Judgement even as the Defendant pursue the Appeal.
11) Consequently, the Court hereby makes the following Orders in determination of the present Application;
a) The Order directing the Land Registrar to cancel the Defendant title is not stayed.
b) The Land Registrar is directed to comply with Order No.E, F, G, H, I, J, K and L as directed in the Judgement made on 14.05.2026.
c) Upon compliance with Order No.1 in the Judgement dated 14.05.2026, an Inhibition will be recorded in the Register of the suit property in the name of the Plaintiff pending the hearing and determination of the intended Appeal.
d) As regards the Order of eviction, the Court hereby directs that the Defendants do vacate the Plaintiff suit property in line with the Judgement.
e) As regards the issue of general damages, the Court is of the finding that the Defendants be ordered to deposit a sum of Kshs.12,500,000 in Court within 30 days from today’s date.
f) The intended Appeal should be filed before the Court of Appeal within 90 days from today’s date failure to which, the Inhibition registered on the Register will stand discharged.
g) The costs of this Application will abide by the outcome of the Appeal.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Ms. Chebet holding brief for Mr. Yego
Defendant: Ms Mrs. Khayo for the 6th Defendant/Applicant
Mr. Kwame for the 3rd, 4th and 5th Defendants
| ELC. 57 OF 2020 3 |