Rodgers Katami Wambia & 2 others v Rachel Odera & 2 others; Board of Management – Marula Primary School(Interested Party) [2020] eKLR Case Summary

Court
Environment and Land Court at Eldoret
Category
Civil
Judge(s)
Hon. S. M. Kibunja
Judgment Date
October 14, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Rodgers Katami Wambia & 2 others v Rachel Odera & 2 others, including Board of Management – Marula Primary School, [2020] eKLR. Discover key legal insights and implications.

Case Brief: Rodgers Katami Wambia & 2 others v Rachel Odera & 2 others; Board of Management – Marula Primary School(Interested Party) [2020] eKLR

1. Case Information:
- Name of the Case: Rodgers Katami Wambia & Others v. Rachel Odera & Others
- Case Number: E & L Case No. 353 of 2017 (formerly Nairobi HCCC No. 196 of 2007)
- Court: Environment and Land Court of Kenya at Eldoret
- Date Delivered: 14th October 2020
- Category of Law: Civil
- Judge(s): Hon. S. M. Kibunja
- Country: Kenya

2. Questions Presented:
The court was tasked with determining whether the 1st and 2nd Defendants satisfied the requirements for granting a stay of execution of the judgment and decree pending appeal, as well as who should bear the costs of the application.

3. Facts of the Case:
The plaintiffs, Rodgers Katami Wambia, Alex Kimiya, and Jonathan Ombemba Ombima, representing the Lugari Yearly Meeting of Friends (Quakers), claimed ownership of the suit property, Kakamega/Lugari/183. They stated that the property is used for church services and various community activities. The defendants, Rachel Odera and Felix Odera, argued that they are the legal owners of the property as administrators of the estate of the late Salome Muhonja Odera. The defendants moved onto the property in 2009 after obtaining injunctive orders, limiting the plaintiffs' use of the land.

4. Procedural History:
The 1st and 2nd Defendants filed a motion on 27th May 2020 seeking a stay of execution of the judgment delivered on 13th May 2020, pending their appeal. The application was supported by an affidavit from the 1st Defendant, asserting that executing the judgment would affect their ownership of the property. The plaintiffs opposed the application, asserting their rights to the property. The court granted a temporary stay of execution on 29th May 2020, pending the hearing of the application.

5. Analysis:
- Rules: The court considered several legal provisions, including Articles 25 and 50 of the Constitution of Kenya, which guarantee the right to a fair trial and fair hearing, respectively. Additionally, the court referenced the Civil Procedure Act and the Civil Procedure Rules, particularly Order 42 Rule 6, which outlines the requirements for a stay of execution pending appeal.
- Case Law: The court analyzed relevant case law regarding stay applications, emphasizing the need for the applicant to demonstrate potential substantial loss and the necessity of moving without unreasonable delay. Prior decisions highlighted the importance of balancing the rights of both parties during the appeal process.
- Application: The court found that the 1st and 2nd Defendants filed their application within a reasonable timeframe following the judgment. The court recognized that executing the judgment could result in the defendants losing their homes and other structures on the property, which would cause them substantial harm. Therefore, it was deemed just to allow them to remain on the property under specified conditions while the appeal was pending.

6. Conclusion:
The court ruled in favor of the 1st and 2nd Defendants, granting a stay of execution of the judgment pending the determination of the appeal. The court mandated that the defendants deposit Kshs. 200,000 as security and restricted their activities on the property to prevent permanent alteration. The costs of the application were to abide by the outcome of the appeal.

7. Dissent:
There were no dissenting opinions recorded in this case.

8. Summary:
The court's ruling allowed the 1st and 2nd Defendants to maintain their occupancy of the suit property while their appeal is pending, thereby preventing potential homelessness and loss of property. This decision underscores the court's commitment to ensuring fair trial rights and balancing the interests of parties in civil disputes, particularly in cases involving property rights. The ruling also highlights the importance of providing security in stay applications to protect the interests of all parties involved.

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