Registered Trustees of the Agricultural Society of Kenya (ASK) v Lake Basin Development Authority [2020] eKLR Case Summary

Court
Court of Appeal at Kisumu
Category
Civil
Judge(s)
R. N. Nambuye, D.K. Musinga, F. Sichale
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2

Case Brief: Registered Trustees of the Agricultural Society of Kenya (ASK) v Lake Basin Development Authority [2020] eKLR


1. Case Information:
- Name of the Case: The Registered Trustees of the Agricultural Society of Kenya (ASK) v. Lake Basin Development Authority
- Case Number: Civil Application No. 60 of 2020
- Court: Court of Appeal at Kisumu
- Date Delivered: 23rd October 2020
- Category of Law: Civil
- Judge(s): R. N. Nambuye, D.K. Musinga, F. Sichale
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court include whether the applicant is entitled to a stay of execution of the ruling delivered on 29th April 2020 by the High Court, pending the hearing and determination of the intended appeal.

3. Facts of the Case:
The parties involved in this case are the Registered Trustees of the Agricultural Society of Kenya (ASK) as the applicant and the Lake Basin Development Authority as the respondent. The dispute arises over a piece of land that both parties claim to have been allotted. The trial court had issued a ruling that included a mandatory injunction against the applicant, which the applicant argues was granted in error at an interlocutory stage. The applicant contends that without a stay, it will suffer significant loss.

4. Procedural History:
The case progressed from the High Court, where the ruling was delivered by Justice A.O. Ombwayo on 29th April 2020. The applicant subsequently filed a Notice of Motion dated 25th May 2020, seeking a stay of execution of the High Court's ruling. The application was supported by an affidavit from the applicant’s CEO, while the respondent provided counterarguments through an affidavit from its Managing Director. The court had to evaluate the merits of the application based on the principles governing Rule 5(2)(b) of the Court's Rules.

5. Analysis:
- Rules: The court considered Section 1A and 1B of the Civil Procedure Act and Rule 5(2) of the Court's Rules, which govern applications for stay of execution.
- Case Law: The court referenced *Stanley Kang’ethe Kinyanjui v. Tony Ketter & Others [2013] eKLR*, which outlines the principles for determining applications under Rule 5(2)(b). Additionally, the case of *Kenya Commercial Bank Limited v. Tamarind Meadows Limited & 7 others [2016] eKLR* was cited to illustrate the nature of negative orders and their implications on stay applications.
- Application: Upon reviewing the submissions, the court found that while the applicant established that it had an arguable appeal, it failed to demonstrate that the appeal would be rendered nugatory without a stay. The court noted that the order sought to be stayed was a negative order directing the applicant to cease activities on the disputed property, which did not warrant a stay.

6. Conclusion:
The Court of Appeal ruled against the applicant, disallowing the Notice of Motion dated 25th May 2020. The court concluded that the applicant did not meet the necessary criteria for a stay of execution. This decision has implications for how courts handle applications for stays in civil matters, particularly where negative orders are concerned.

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

8. Summary:
The Court of Appeal's ruling in *The Registered Trustees of the Agricultural Society of Kenya v. Lake Basin Development Authority* affirmed the High Court's decision, denying the applicant's request for a stay of execution. This case highlights the challenges faced by parties seeking to appeal negative orders and underscores the importance of demonstrating the potential consequences of not granting a stay.

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