Anisa Said Rashid v Abdulwahab Abrar Sheikh
The bottom line
#A Mombasa court ruled that filing an appeal does not stop a judgment from being enforced, so a demolished house will not be rebuilt.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether Order 9 rule 9 of the Civil Procedure Rules barred the Appellant from filing an appeal through a new firm of advocates, rendering the Memorandum of Appeal fatally defective
- 2.Whether the Respondent should be ordered to restore the Appellant's demolished house to its former condition pending the hearing of the Appeal
Key legal issues
#Effect of Order 9 rule 9 CPR on post-judgment change of advocates
The Rule protects outgoing advocates and prevents procedural confusion, but does not invalidate a Memorandum of Appeal filed by new advocates
The court held the purpose of the rule is to protect advocates who handled the case up to judgment, particularly regarding unpaid fees, and to prevent procedural confusion in post-judgment execution. It was not intended to bar an aggrieved litigant from appealing through a different firm. The preliminary objection was therefore dismissed.
Whether demolition of the Appellant's house amounted to contempt given the pending appeal
No, because no stay of execution had been granted; an appeal does not automatically stay a decree
The trial court's judgment ordered the Appellant to vacate and demolish her house within 90 days, failing which the Respondent could demolish under police supervision. The Appellant's stay application was abandoned and the court had declined to certify it urgent. The demolition occurred only after expiry of the 90 days, in compliance with the decree.
Legal principles established
#- An appeal does not automatically operate as a stay of execution of the judgment appealed from
- Order 9 rule 9 CPR does not bar an aggrieved litigant from filing an appeal through a different firm of advocates, nor render the memorandum of appeal incompetent
Court orders
#- 1.The Preliminary Objection relating to the Memorandum of Appeal is dismissed
- 2.The Notice of Motion dated 18th December 2025 is dismissed with costs to the Respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Lower Court (trial court)
- Jurisdiction invoked
- Appellate jurisdiction of the Environment and Land Court over appeals from the lower court in land matters
Relief refused
#Order directing the Respondent to restore the Appellant's house to its former condition
The demolition was done in compliance with the trial court's decree, and no order of stay of execution was in place at the time of execution
Costs
The Motion dated 18th December 2025 dismissed with costs to the Respondent
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
It is trite law that an Appeal as of itself does not automatically stop a Court Order or Judgment from being carried out.
In the matter herein, there were no orders of stay of execution as at the time that the decree of the Lower Court was executed and I did not therefore find any basis upon which I could direct the Respondent to restore the house that was demolished.
It follows that I did not find any merit in the Motion dated 18th December 2025. The same is hereby dismissed with costs to the Respondent.
Issues in the judgment
#Date inconsistency in directions ruling
Preliminary objection cites 'Order 9 rule 9 of the Civil Procedure Act' though the rule is in the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Anisa Said Rashid v Abdulwahab Abrar Sheikh", Case Analysis (2026). ELCLA Suit No. E062 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5620/eng@2026-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.