David A. Anekeya v Daniel Anekeya & another [2020] eKLR Case Summary

Court
Environment and Land Court at Kakamega
Category
Civil
Judge(s)
N.A. Matheka
Judgment Date
October 28, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: David A. Anekeya v. Daniel Anekeya & Humphrey Njirani Mukabi

1. Case Information:
- Name of the Case: David A. Anekeya v. Daniel Anekeya & Humphrey Njirani Mukabi
- Case Number: ELC CASE NO. 300 OF 2015
- Court: Environment and Land Court at Kakamega
- Date Delivered: 28th October 2020
- Category of Law: Civil
- Judge(s): N.A. Matheka
- Country: Kenya

2. Questions Presented:
The central legal issues for resolution by the court include:
- Whether to grant a stay of execution of a judgment pending an appeal filed by the applicant, Daniel Anekya.
- Whether the applicant has demonstrated substantial loss if the stay is not granted, and whether the application was made without unreasonable delay.

3. Facts of the Case:
The plaintiff/respondent, David A. Anekya, filed a suit against the defendants, Daniel Anekya (1st Defendant/Applicant) and Humphrey Njirani Mukabi (2nd Defendant), concerning the ownership and use of land parcel No. Butsotso/Ingotse/1869. Following a judgment delivered on 25th February 2020, the 1st Defendant sought a stay of execution of this judgment, asserting that he intended to appeal and that execution would result in substantial loss, including the destruction of developments on the land.

4. Procedural History:
The application for stay of execution was filed on 24th July 2020 under Order 42 Rule 6(1) of the Civil Procedure Rules, 2010. The applicant requested the court to stay the execution of the judgment pending the hearing of the application and the appeal. The respondent opposed the application, arguing it was filed after undue delay and was without merit. The court considered the submissions of both parties before making a ruling.

5. Analysis:
- Rules: The court examined Order 42 Rule 6(1) of the Civil Procedure Rules, which outlines the conditions for granting a stay of execution: the applicant must demonstrate substantial loss, that the application was made without unreasonable delay, and provide security for the performance of the decree.
- Case Law: The court referenced several precedents, including *Reliance Bank Ltd (In Liquidation) vs. Norlake Investments Ltd* and *Chris Munga N. Bichange Vs Richard Nyagaka Tongi & 2 Others*, which established that an applicant must show that their appeal is arguable and that failure to grant a stay would render the appeal nugatory. The case of *Mohamed Salim T/A Choice Butchery Vs Nasserpuria Memon Jamat* was also cited to highlight the balance between the right to appeal and the plaintiff's right to enjoy the judgment.
- Application: The court found that the applicant failed to demonstrate that the appeal was arguable or that substantial loss would occur if the stay was not granted. The court held that the application lacked merit and dismissed it, citing the applicant's failure to fulfill the necessary grounds for granting a stay.

6. Conclusion:
The court ruled against the application for a stay of execution, emphasizing that the applicant did not meet the required conditions. The decision underscores the importance of substantiating claims of potential loss and the need for timely applications in civil proceedings.

7. Dissent:
There were no dissenting opinions noted in this case, as the ruling was delivered by a single judge.

8. Summary:
The Environment and Land Court at Kakamega dismissed the application for a stay of execution filed by Daniel Anekya, affirming that the applicant did not demonstrate substantial loss or an arguable appeal. This case highlights the stringent requirements for obtaining a stay of execution in civil matters and reinforces the principle that timely and well-supported applications are crucial in the judicial process.

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