Salat Abdi Ali v Alislamiya Estates Ltd & 1 other
The bottom line
#The Court of Appeal refused to pause a ruling cancelling a Nakuru land title because the planned appeal showed no serious, arguable grounds.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant demonstrated an arguable appeal for purposes of Rule 5(2)(b)
The court found none of the grounds of appeal disclosed a bona fide arguable ground when measured against the judgment appealed from.
The court examined the memorandum of appeal against the trial judgment. The trial court had found the plaintiff proved her case on a balance of probabilities, noting the second defendant failed to explain how two distinct plots were issued under the same serial number and how a person joining the company in 2008 ended up with title to plot 1260. Without delving into the merits, the appellate court was not persuaded the grounds were arguable.
The nature of the Court's jurisdiction on a Rule 5(2)(b) application
The jurisdiction is original and discretionary, wide and unfettered, exercised on the basis of what is just, and does not constitute an appeal from the trial court's exercise of discretion.
Relying on established authority, the court restated that stay applications are decided on whether it is just to do so, that the court becomes seized only after a notice of appeal is filed, that each case depends on its own facts, and that a single bona fide arguable ground suffices - an arguable ground need not necessarily succeed but must be one that ought to be fully argued.
Legal principles established
#- An applicant under Rule 5(2)(b) must satisfy the twin principles of an arguable appeal and that the appeal will be rendered nugatory absent stay.
- The jurisdiction under Rule 5(2)(b) is original and discretionary, not an appeal from the trial court's exercise of discretion, and a single bona fide arguable ground suffices.
Court orders
#- 1.The application dated 12th November, 2025 is dismissed with costs
- On appeal from
- Environment and Land Court at Nakuru
- Nakuru ELC Suit No. 229 of 2018
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Salat Abdi Ali v Alislamiya Estates Ltd & 1 other", Case Analysis (2026). Civil Application No. E133 of 2025 (stay application pending Civil Appeal No. E133 of 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/720/eng@2026-04-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.