Ahmed & another v Lesirma & 5 others (Civil Application E128 of 2024) [2025] KECA 939 (KLR)
The bottom line
#Kenya's Court of Appeal paused execution of a land judgment, protecting occupants who lived on and developed the property for over 15 years.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicants deserve the stay of execution orders sought pending appeal
Key legal issues
#Whether the intended appeal is arguable
The draft grounds of appeal, including indefeasibility of title, laches and bona fide purchaser rights, were not idle and worthy of consideration
The Court applied the settled principle that a single bona fide arguable ground suffices and that the court must not make definitive findings of fact or law at this stage. The grounds raised on indefeasibility, laches and the rights of a bona fide purchaser were sufficient to entitle the applicants to ventilate their arguments at the full hearing.
Whether the appeal would be rendered nugatory absent stay
On a balance of hardship, the applicants, in occupation for over 15 years with substantial developments, would suffer more hardship, and execution would render the appeal nugatory
The Court weighed the conflicting claims of the parties, noting the applicants' 15-year occupation and considerable developments on the land. Failure to grant stay could see the title revoked leaving the applicants landless, outweighing the 1st respondent's ability to execute his judgment at any time.
Legal principles established
#- An applicant under rule 5(2)(b) must demonstrate conjunctively an arguable appeal and that the appeal will be rendered nugatory if stay is not granted
- A single bona fide arguable ground suffices, and an arguable appeal need not necessarily succeed
Court orders
#- 1.Stay of execution of the decree and orders emanating from the judgment of Kibunja, J. delivered on 6th November 2024 in ELC Suit No. 224 of 2013, pending the hearing and determination of the intended appeal
- 2.Costs to abide the outcome of the appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Environment and Land Court, Mombasa
- ELC Suit No. 224 of 2013
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules, 2022
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Both limbs must be demonstrated conjunctively to the Court’s satisfaction.
Accordingly, the application dated 12th November 2024 is merited and is hereby allowed as prayed with costs to abide the outcome of the appeal.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ahmed & another v Lesirma & 5 others (Civil Application E128 of 2024) [2025] KECA 939 (KLR)", Case Analysis (2025). Notice of Motion dated 12th November 2024 (arising from ELC Suit No. 224 of 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/939/eng@2025-05-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.