Dakawou Transporters Limited v National Land Commission & 2 others; [2020] eKLR Case Summary

Court
Court of Appeal at Nairobi
Category
Civil
Judge(s)
Musinga, Kiage & Sichale JJ.A.
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Dakawou Transporters Limited v National Land Commission & 2 others; Raphael Musyoki Ndeti (Suing as an Administrator of the Estate of Peter Nzuki Ndeti) (Interested Party) [2020] eKLR


1. Case Information:
- Name of the Case: Dakawou Transporters Limited v. National Land Commission & Others
- Case Number: Civil Application No. 115 of 2020
- Court: Court of Appeal at Nairobi
- Date Delivered: 23rd October 2020
- Category of Law: Civil
- Judge(s): Musinga, Kiage & Sichale JJ.A.
- Country: Kenya

2. Questions Presented:
The central legal issue presented before the court was whether to grant a stay of execution of the judgment and decree of the Environment and Land Court pending the hearing and determination of an intended appeal by Dakawou Transporters Limited.

3. Facts of the Case:
The applicant, Dakawou Transporters Limited, sought a stay of execution of a judgment rendered by the Environment and Land Court at Machakos, which had directed the revocation of its title to the suit property (L.R No. 337/1208) and the issuance of a new title to the family of Peter Nzuki Ndeti. The applicant claimed a valid title to the property and was expecting compensation of Kshs. 89,396,888 after the compulsory acquisition of the land. The respondents included the National Land Commission, the Chief Registrar of Lands, and the Attorney General, with Raphael Musyoki Ndeti appearing as an interested party, representing the estate of Peter Nzuki Ndeti.

4. Procedural History:
The application was initiated through a Notice of Motion dated 11th May 2020, where the applicant requested a stay of execution and conservatory orders. The Environment and Land Court had ruled in favor of the National Land Commission, leading to the applicant's appeal. The interested party, Raphael Musyoki Ndeti, opposed the application, arguing that the judgment was a negative order not subject to stay and that the family of Peter Nzuki Ndeti had already been registered as the legitimate owner of the property.

5. Analysis:
- Rules: The court considered the principles governing applications for stay of execution under Rule 5(2)(b) of the Court of Appeal Rules and Sections 3A and 3B of the Appellate Jurisdiction Act. The applicant was required to demonstrate that the appeal was arguable and that it would be rendered nugatory if the stay was not granted.
- Case Law: The court referenced the case of *Stanley Kangethe Kinyanjui v. Tony Ketter & Others [2013] eKLR*, which outlines the criteria for granting a stay of execution. The principles established in this case were crucial in evaluating the merits of the applicant's request.
- Application: The court found that while the applicant had an arguable appeal, it failed to show that the execution of the judgment would render the appeal nugatory. Additionally, the court noted that the order sought to be stayed was a negative order and that events had overtaken the application, as the Certificate of Title had already been issued to the interested party.

6. Conclusion:
The Court of Appeal dismissed the Notice of Motion filed by Dakawou Transporters Limited, ruling that the applicant had not met the necessary criteria for a stay of execution. The decision emphasized the importance of the principle that negative orders are not amenable to stay and considered the implications of the subsequent issuance of a title to the interested party.

7. Dissent:
There were no dissenting opinions noted in the ruling as all judges concurred with the decision.

8. Summary:
The Court of Appeal ruled against Dakawou Transporters Limited's application for a stay of execution regarding the Environment and Land Court's judgment, which favored the family of Peter Nzuki Ndeti. This case underscores the challenges faced by parties seeking to appeal negative orders and the significance of demonstrating that an appeal is not only arguable but also that the execution of the judgment would render the appeal moot. The ruling serves as a precedent in similar cases concerning land ownership disputes and the complexities of compulsory acquisition in Kenya.

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