Benjamin Kiprop Chelimo v Ezekiel Cheruiyot Chelanga [2020] eKLR Case Summary

Court
Environment and Land Court at Kitale
Category
Civil
Judge(s)
Mwangi Njoroge
Judgment Date
September 22, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Benjamin Kiprop Chelimo v Ezekiel Cheruiyot Chelanga [2020] eKLR, detailing key judgments and legal insights. Perfect for legal studies enthusiasts.


Case Brief: Benjamin Kiprop Chelimo v Ezekiel Cheruiyot Chelanga [2020] eKLR

1. Case Information:
- Name of the Case: Benjamin Kiprop Chelimo v. Ezekiel Cheruiyot Chelanga
- Case Number: Land Case No. 78 of 2017
- Court: Environment and Land Court at Kitale
- Date Delivered: September 22, 2020
- Category of Law: Civil
- Judge(s): Mwangi Njoroge
- Country: Republic of Kenya

2. Questions Presented:
The court must resolve the following legal issues:
- Whether an order of stay of execution of judgment pending appeal should be granted.
- Who should bear the costs of the application.

3. Facts of the Case:
The parties involved are Benjamin Kiprop Chelimo (Plaintiff) and Ezekiel Cheruiyot Chelanga (Defendant). The dispute arose from a judgment delivered on May 29, 2020, which involved the adjustment of land boundaries between the parties. The defendant, aggrieved by the judgment, filed a Notice of Motion on June 23, 2020, seeking a stay of execution pending appeal, claiming potential irreparable loss and the likelihood of success in his appeal. The plaintiff opposed the application, arguing that the defendant's claims were unfounded and that he had already taken possession of his land as per the re-aligned boundaries.

4. Procedural History:
The defendant filed his application for a stay of execution on June 24, 2020, following the judgment. The plaintiff responded with an affidavit on July 30, 2020, arguing against the need for a stay. Both parties submitted their arguments in writing, with the defendant's submissions filed on July 21, 2020. The court considered the application, the response, and the submissions before delivering its ruling on September 22, 2020.

5. Analysis:
- Rules: The court referenced Order 42 Rule 6 of the Civil Procedure Rules, which outlines the conditions under which a stay of execution can be granted. These conditions include the existence of an appeal, absence of unreasonable delay in filing the application, potential for substantial loss, and the provision of security by the applicant.
- Case Law: The court did not cite specific previous cases in its ruling but relied on the established procedural rules regarding stays of execution and the principles surrounding the possession of land.
- Application: The court found that a notice of appeal had been filed, satisfying the first condition. It determined that the application was filed within a reasonable timeframe, as it was just over a month after the judgment. However, the court concluded that there would be no substantial loss to the defendant since the plaintiff had already taken possession of the land according to the re-aligned boundaries, and thus there was nothing to stay. The court also noted that any orders made could complicate the situation further.

6. Conclusion:
The court dismissed the defendant's application for a stay of execution, concluding that there was no merit in the request as there was nothing to stay. The ruling indicated that the plaintiff had already taken possession of his land, rendering the stay unnecessary. The court ordered costs to be borne by the defendant.

7. Dissent:
There were no dissenting opinions noted in the case.

8. Summary:
The Environment and Land Court at Kitale ruled in favor of the plaintiff by dismissing the defendant's application for a stay of execution. The decision underscored the importance of demonstrating substantial loss and the necessity of a stay in civil proceedings. The ruling has implications for future cases regarding land disputes, particularly concerning the execution of judgments and the possession of land following boundary adjustments.

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