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ELCPartially AllowedNot stated in judgment· [2025] KEELC 2970 (KLR)

Mosonik v Changwony (Environment & Land Case 25 of 2015) [2025] KEELC 2970 (KLR)

Environment and Land Court
28 March 2025
539 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nakuru land court allowed two landowners to keep the situation on their land unchanged pending appeal, but only after depositing Kshs. 200,000 as security.

What this practically means

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Executive summary

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The judgment debtors, Dickson Kipkemboi Kiplagat Changwony and Joyce Jepkemboi Toroitich, moved the Nakuru Environment and Land Court by application dated 7th February 2025 seeking an order of status quo over the suit parcel of land and a stay of execution of the judgment delivered on 30th January 2025, pending an intended appeal to the Court of Appeal in Nakuru. The plaintiff, as decree holder, opposed the application, contending it failed to meet the requirements of Order 42 Rule 6 of the Civil Procedure Rules 2010. Justice Antony O. Ombwayo considered the application against Order 42 Rule 6(2) and the settled jurisprudence, including Kenya Shell Limited v Benjamin Karuga Kigibu & Ruth Wairimu Karuga, the qualitative formulation of substantial loss in Tropical Commodity Suppliers Ltd, and James Wangalwa & Another v Agnes Naliaka Cheseto. The court found the application was brought without unreasonable delay and that substantial loss would ensue if the applicants vacated the premises and the title to the suit property were revoked, since reversal of that state of affairs would be painstaking. The court accordingly inclined towards maintaining the status quo pending appeal, but conditioned the relief on the applicants depositing security of Kshs. 200,000 in a joint interest-earning account in the names of the two firms of advocates on record, opened in a reputable bank in Kenya. Costs of the application were awarded in the appeal.

Key legal issues

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01

Conditions for stay of execution pending appeal under Order 42 Rule 6

Holding

The application satisfied the conditions: it was brought without unreasonable delay and substantial loss was demonstrated, justifying maintenance of status quo subject to security

Reasoning

The court applied Order 42 Rule 6(2) and the established jurisprudence on substantial loss. It found that vacating the premises and potential revocation of title would be difficult to reverse, constituting substantial loss. It balanced this with a security deposit of Kshs. 200,000, aligning with the requirement that adequate security accompany a stay.

p. 2

Legal principles established

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  • Substantial loss is the cornerstone of the jurisdiction to grant a stay of execution
  • Substantial loss is a qualitative concept, not a mathematical formula

Court orders

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  1. 1.Status quo maintained over the suit parcel of land pending appeal
  2. 2.Applicants to deposit security of Kshs. 200,000 in a joint interest-earning account in the names of the two firms of advocates on record, to be opened in a reputable bank in Kenya
  3. 3.Costs of the application in the appeal
On appeal from
Not stated (judgment sought to be stayed delivered by this court)
Not stated
Jurisdiction invoked
Order 42 Rule 6 of the Civil Procedure Rules 2010

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, "Mosonik v Changwony (Environment & Land Case 25 of 2015) [2025] KEELC 2970 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/2970/eng@2025-03-28

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