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ELCDismissedNot stated in judgment

Otom (Suing as the Administrator of the Estate of Thomas Otom Agullo) v Commissioner of Lands & 4 others (Environment and Land Case 747 of 2015) [2025] KEELC 6486 (KLR)

Environment and Land Court (court not expressly named; judge sitting at Kisumu)
2 July 2025
303 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to stay a judgment that merely dismissed a land suit with costs, because there was nothing to execute except costs.

What this practically means

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Executive summary

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This ruling by E. Asati, Judge, dated 2nd July 2025 at Kisumu, determines a Notice of Motion dated 29th May 2025 by the Plaintiff seeking stay of execution and/or enforcement of the court's judgment delivered on 8th May 2025, pending an intended appeal to the Court of Appeal. The application was grounded on Order 21 Rule 8, Order 42 Rule 6(1) and (2), and Order 51 Rule 1 and 3 of the Civil Procedure Rules, and sections 1A, 1B, 3 and 3A of the Civil Procedure Act. The Plaintiff contended that unless stay was granted, the appeal would be rendered nugatory and he would be evicted from the only place he had known as his home, causing immense prejudice. The application was supported by his affidavit sworn on 29th May 2025 and opposed by the 3rd Defendant through Grounds of Opposition dated 11th June 2025. The court observed that the judgment sought to be stayed merely dismissed the suit with costs, and no eviction orders were issued. Consequently, the decree was not capable of execution save for recovery of costs, and there was no evidence of imminent execution. The court held that the grounds for stay of execution had not been demonstrated, declined the application, and ordered no costs as to the application.

Questions the Court framed

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

  1. 1.Whether the Plaintiff has demonstrated grounds for stay of execution and/or enforcement of the judgment delivered on 8th May 2025 pending appeal
  2. 2.Whether the appeal would be rendered nugatory if stay is not granted

Key legal issues

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01

Whether the grounds for grant of stay of execution pending appeal were demonstrated

Holding

The application failed because the judgment sought to be stayed merely dismissed the suit with costs and issued no eviction orders, so the decree is executable only for costs and no imminent execution was shown

Reasoning

The court considered the Notice of Motion under Order 42 Rule 6 and the Plaintiff's claim that the appeal would be rendered nugatory and that he faced eviction from his home. Examining the judgment of 8th May 2025, the court found it only dismissed the suit with costs. Since no eviction orders were issued, the decree could only be executed for costs, and with no evidence of imminent execution, the conditions for stay were not established.

p. 2

Legal principles established

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  • A decree that merely dismisses a suit with costs, without eviction or other executable orders, is not capable of execution save for recovery of costs, and stay of execution cannot be granted absent evidence of imminent execution

Court orders

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  1. 1.The application for stay of execution dated 29th May 2025 is declined
  2. 2.No orders as to costs

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Order 42 Rule 6(1) and (2) of the Civil Procedure Rules; sections 1A, 1B, 3 and 3A of the Civil Procedure Act

Relief refused

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Stay of execution and/or enforcement of the judgment of 8th May 2025 pending appeal

The judgment only dismissed the suit with costs; no eviction orders were issued, the decree is not capable of execution save for recovery of costs, and there is no evidence of imminent execution

p. 2

Costs

No orders as to costs

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.

The judgement whose execute is sought to be stayed only dismissed the suit with costs. No eviction orders were issued in the judgement.
p. 2Nature of the decree sought to be stayed
The grounds for grant of an order of stay of execution of judgement have not been demonstrated. Application is declined. No orders as to costs.
p. 2Disposition - application dismissed

Issues in the judgment

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minor

The case number of the suit and the details of the judgment of 8th May 2025 are not stated in the ruling

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, "Otom (Suing as the Administrator of the Estate of Thomas Otom Agullo) v Commissioner of Lands & 4 others (Environment and Land Case 747 of 2015) [2025] KEELC 6486 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6486/eng@2025-07-02

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