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ELCPartially Allowednot_stated_in_judgment· [2025] KEELC 4753 (KLR)

Estate of Achilla (Represented by Erick Obina & Akunaya Janet) v Estate of Aradi (Represented by John Agulinda & Mudii Fanuel Aradi) (Environment and Land Case 47 of 2019) [2025] KEELC 4753 (KLR)

Environment and Land Court
18 June 2025
4,799 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~19 min to read original · ~4 min brief

The bottom line

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A Kenyan court fixed a small typing error in a land judgment without changing the result, but paused enforcement of the judgment unless KShs 4 million is deposited.

What this practically means

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Executive summary

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This ruling by Hon. Dr. Iur Nyagaka, Judge, determines two applications arising from a judgment delivered in April 2024 in a land dispute over 75 acres within LR. No. 8815, owned by Bidii Farm Company Limited, in which the Estates of Robert Edward Amutabi Achilla and Dishon Rocky Achilla succeeded against the Estate of Imbuguah Kiziiri Aradi. First, the Plaintiffs' application under Sections 3A and 99 of the Civil Procedure Act sought correction of an accidental error in paragraphs (d) and (e) of the final orders, which referred to 'LR. No. 8815' instead of 'part of LR. No. 8815'. The Defendant opposed, arguing the alleged error was a substantive finding already under appeal. Applying Section 99 and the Supreme Court's decision in Fredrick Otieno Outa v Jared Odoyo Okello, the court held that read in context the intention was clear and the correction would not alter the substance of the judgment; the application was allowed with no order as to costs and the paragraphs were to be amended forthwith. Second, the Defendants' application under Order 42 Rule 6 sought stay of execution pending appeal. The court found a Notice of Appeal sufficed to show an appeal was preferred, the application was made timeously, and substantial loss was likely. Stay was granted on condition that the Applicants deposit KShs 4,000,000 in a joint interest-earning account in the names of the parties' advocates' firms within 21 days, in default of which execution to proceed. Costs of the stay application were awarded to the Respondent.

Key legal issues

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01

Whether the judgment contains an error amendable under the slip rule (Section 99, Civil Procedure Act).

Holding

Yes. Paragraphs (d) and (e) of the final orders were to be amended to read 'part of LR. No. 8815' instead of 'LR. No. 8815', as read in context the Court's intention was clear and both parties' affidavits agreed the suit land was part of LR. No. 8815.

Reasoning

The court applied Section 99 and the Supreme Court's decision in Fredrick Otieno Outa v Jared Odoyo Okello, holding that a correctable error is one that does not change the reasoning or outcome. Reading the impugned paragraphs with the body of the judgment, the intention was that the land revert as part of LR. No. 8815, since both parties accepted the disputed land was only part of that parcel. The correction did not alter the substance of the decision.

p. 6
02

Whether the Defendant satisfied the conditions for stay of execution pending appeal under Order 42 Rule 6.

Holding

Yes. The application was made without unreasonable delay, substantial loss was likely, and the applicants offered security; stay was granted conditioned on a deposit of KShs 4,000,000 within 21 days, failing which execution to proceed.

Reasoning

The court found that filing a Notice of Appeal satisfies the requirement that an appeal be preferred, citing Rule 2(2) of the Appellate Jurisdiction Act/Court of Appeal Rules and Otieno, Ragot & Company Advocates v National Bank of Kenya. Drawing on Halal v Thornton & Turpin and Hassan Guyo Wakalo v Straman EA Ltd, it required substantial loss, delay-free application and security. All three were met, with security fixed at KShs 4 million.

p. 8

Legal principles established

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  • The slip rule permits correction only of errors apparent on the face of the record that do not change the substance of the judgment or the court's intention; it confers no power to sit on appeal over or substantially review the court's own judgment.
  • For appeals to the Court of Appeal, filing a Notice of Appeal signals that an appeal has been preferred, and the three conditions for stay of execution are substantial loss, no unreasonable delay, and security.

Court orders

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  1. 1.The application dated 8th June 2024 is allowed with no order as to costs; paragraphs (d) and (e) in the final orders in the Judgment read on 27th April 2024 are to be amended forthwith to read 'part of LR. No. 8815' instead of 'LR. No. 8815'.
  2. 2.The application dated 22nd May 2024 is allowed by way of a stay of execution of the decree, on condition that the Applicants deposit in a joint interest-earning account to be opened in the names of the parties' advocates' law firms a sum of Kenya Shillings four million (KShs 4,000,000/=) within twenty-one (21) days, in default execution to proceed; the Applicant to initiate the process.
  3. 3.Costs of the stay application to the Respondent.

Authorities

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Legislation

  • Civil Procedure ActSections 3A, 99, 1A, 1B, 63E
  • Civil Procedure RulesOrder 51 Rule 1; Order 42 Rules 6(1) and 6(2); Order 45; Order 22 Rule 22
  • Land ActSections 152B, 152C, 152E, 152F, 152G
  • Appellate Jurisdiction Act/Court of Appeal RulesRule 2(2)
  • Companies Act (repealed), Chapter 486Section 75
  • Companies Act, Act No. 17 of 2015Section 323
  • Law of Succession ActSection 82(2)

Cases cited (6)

  • Fredrick Otieno Outa v Jared Odoyo Okello and 3 others
    [2017] eKLR
  • Otieno, Ragot & Company Advocates v National Bank of Kenya Limited
    [2020] eKLR
  • The Registered Trustees of the Archdiocese of Dar es Salaam vs The Chairman Bunju Village Government & Others
  • Parimal v. Veena
    (2011) 3 SCC 545
  • Halal & Another -vs- Thornton & Turpin [1963] Ltd
    [1990] eKLR
  • Hassan Guyo Wakalo -vs- Straman EA Ltd
    (2013)
Jurisdiction invoked
Sections 3A and 99 of the Civil Procedure Act; Order 51 Rule 1 and Order 42 Rule 6 of the Civil Procedure Rules

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, "Estate of Achilla (Represented by Erick Obina & Akunaya Janet) v Estate of Aradi (Represented by John Agulinda & Mudii Fanuel Aradi) (Environment and Land Case 47 of 2019) [2025] KEELC 4753 (KLR)", Case Analysis (2025). not_stated_in_judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4753/eng@2025-06-18

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