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Court of AppealAllowedCivil Application No. E443 of 2025 (being an application in Civil Appeal No. E443 of 2025)

Ramadhani & 2 others v Abud & 2 others (Civil Appeal (Application) E443 of 2025) [2026] KECA 229 (KLR)

Court of Appeal of Kenya
13 February 2026
1,016 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal suspended a High Court injunction blocking three family members from occupying a Nairobi property or collecting rent, pending their full appeal.

What this practically means

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Executive summary

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This is a ruling of the Court of Appeal at Nairobi on a Notice of Motion dated 16th June 2025 by Maimuna Juma Ramadhani, Ramadhani Juma Ramadhani and Jefier Kiiru Kere, the applicants/appellants, seeking stay of orders issued by the High Court at Nairobi on 19th May 2025 in Succession Cause No. 134 of 2023 concerning the estate of Mariam Ali Chepkoech, deceased. The impugned orders enjoined the applicants from forceful occupation, selling, transferring, alienating, or collecting rent over property known as LR No. 209/2111 (IR 228456) Nairobi, also known as Title Number Nairobi Block 40/399. The dispute also spans Succession Cause No. 420 of 2001 and ELC Case No. 447 of 2024. The applicants contended the Judge issued final substantive orders at an interlocutory stage without a hearing, violating their right to fair hearing. The respondents, though absent at the hearing, opposed through a replying affidavit and submissions, invoking Hadkinson v. Hadkinson on the obligation to obey court orders and alleging the applicants were in contempt. Applying the settled twin test for stay pending appeal from Stanley Kangethe Kinyanjui v. Tony Ketter, the court found the appeal arguable and held it would be rendered nugatory absent a stay, given the serious controversy over occupation and rent collection. The application was allowed; the injunction order of 19th May 2025 was stayed pending the hearing and determination of the appeal. Costs were ordered to be in the appeal.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the intended appeal is arguable
  2. 2.Whether the appeal will be rendered nugatory unless the orders of stay sought are granted

Key legal issues

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01

Arguability of the intended appeal

Holding

The appeal was arguable, not frivolous, given the complaint that final substantive orders were issued at an interlocutory stage before the parties were heard.

Reasoning

The court examined the memorandum of appeal grounds, including that the High Court Judge issued final substantive orders at an interlocutory stage and violated the applicants' right to fair hearing. Considering those complaints, the court concluded the appeal was not frivolous but arguable, satisfying the first limb of the rule 5(2)(b) test.

p. 2
02

Nugatory value of the appeal

Holding

The appeal would be rendered nugatory if the injunction orders were not stayed, given the serious controversy over occupation and rent collection from the property.

Reasoning

The court noted serious controversy regarding the property, with the applicants alleging fraudulent transfer by the respondents to third parties and asserting their entitlement, as beneficiaries of the estate of Mariam Ali Chepkoech, to occupy the property and collect rent. It was satisfied that unless the stay was granted and the appeal succeeded, the appeal would be rendered nugatory.

p. 3

Legal principles established

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  • On an application for stay pending appeal, the applicant must demonstrate that the appeal is arguable and that it will be rendered nugatory if the stay is not granted.

Court orders

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  1. 1.The application dated 16th June 2025 is allowed
  2. 2.Pending the hearing and determination of the appeal, the order of injunction given by the High Court at Nairobi on 19th May 2025 in Nairobi High Court Succession Cause No. E134 of 2023 restraining the applicants from occupying or collecting or receiving rent over the property known as LR No. 209/2111 is stayed
  3. 3.Costs of the application shall be in the appeal

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority
majority
majority
On appeal from
High Court of Kenya at Nairobi
Succession Cause No. 134 of 2023
Jurisdiction invoked
Inherent jurisdiction of the Court of Appeal under rule 5(2)(b) of the Court of Appeal Rules to grant stay of execution/orders pending appeal

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Consequently, the application dated 16th June 2025 is allowed. We order that pending the hearing and determination of the appeal, the order of injunction given by the High Court at Nairobi on 19th May 2025 in Nairobi High Court Succession Cause No. E134 of 2023 restraining the applicants from occupying or collecting or receiving rent over the property known as LR No. 209/2111 is hereby stayed.
p. 3Final orders - stay of injunction pending appeal
Considering the complaints as set out in the memorandum of appeal, we do not think that the appeal is frivolous. It is arguable.
p. 2Arguability limb of the stay test
We are satisfied that unless we grant the orders sought, and the appeal ultimately succeeds, it will be rendered nugatory.
p. 3Nugatory limb of the stay test
Costs of the application shall be in the appeal.
p. 3Costs

Issues in the judgment

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minor

The cause number of the succession cause is given inconsistently within the judgment as 'Succession Cause No. 134 of 2023' and 'Succession Cause No. E134 of 2023'.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ramadhani & 2 others v Abud & 2 others (Civil Appeal (Application) E443 of 2025) [2026] KECA 229 (KLR)", Case Analysis (2026). Civil Application No. E443 of 2025 (being an application in Civil Appeal No. E443 of 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/229/eng@2026-02-13

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.