[2025] KEELC 1207 (KLR)
The court found that the subject matter in the lower court proceedings is the same as that in the pending judgment before the Environment and Land Court. To avoid conflicting judicial decisions and in the interest of justice, it is necessary to stay the proceedings and execution of the lower court's orders until the...
Source-derived case information.
- Citation
- [2025] KEELC 1207 (KLR)
- Parties
- Appellant: Idd Baraka; Respondent: Zubeir Shogobe (Secretary t/a Muslim Mosque Committee)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E004 of 2025
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Interim Stay of Execution
- Outcome
- Application for interim stay of execution granted.
- Judges
- E Asati
- Legal Topics
- Stay of Execution, Conflicting Judgments, Interim Orders, Pending Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Idd Baraka
Appellant
Zubeir Shogobe (Secretary t/a Muslim Mosque Committee)
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Application for Interim Stay of Execution
Legal Issues
- 1 Whether an interim stay of execution of the lower court's orders should be granted pending delivery of judgment in a related case.
- 2 Whether the proceedings and orders in the lower court risk conflicting with the anticipated judgment in the Environment and Land Court.
Ratio Decidendi
The court found that the subject matter in the lower court proceedings is the same as that in the pending judgment before the Environment and Land Court. To avoid conflicting judicial decisions and in the interest of justice, it is necessary to stay the proceedings and execution of the lower court's orders until the judgment in the related case is delivered. The court exercised its discretion to grant a stay, noting that the outcome of the pending judgment will determine the future of the lower court suit.
Court Disposition
Application for interim stay of execution granted.
Orders
- Proceedings and execution of the orders of the trial court dated 22nd January 2025 in Vihiga MCLE Case No 212 OF 2024 are stayed pending delivery of the judgment in Vihiga ELC Case No E001 OF 2023.
- The matter will be mentioned on 15/5/2025 after delivery of the judgment for directions.
Full Case Text
Judgment text and source record
20 paragraphs
Baraka v Shogobe (Secretary t/a Muslim Mosque Committee) (Environment and Land Appeal E004 of 2025) [2025] KEELC 1207 (KLR) (13 March 2025) (Ruling)
Neutral citation: [2025] KEELC 1207 (KLR)
Republic of Kenya
In the Environment and Land Court at Vihiga
Environment and Land Appeal E004 of 2025
E Asati, J
March 13, 2025
Between
Idd Baraka
Appellant
and
Zubeir Shogobe (Secretary t/a Muslim Mosque Committee)
Respondent
Ruling
1. I have considered the oral submissions in respect of the application dated 17/2/2025. Counsel for the applicant submits that an order of interim stay of execution of the orders of the lower court be granted awaiting delivery of the judgement in Vihiga ELC Case No E001 of 2023 which is expected to be delivered on 15/5/2025. That the said judgement will determine whether or not the lower court suit shall continue or be withdrawn.
2. Counsel for the Respondent on the other hand submitted that the orders granted in the lower court case No Vihiga MCELC NO. 212 OF 2024 will not affect the anticipated judgement as the said orders were temporary and related to rent. That the application could be deferred to a date after the judgement.
3. There is no doubt that the case before the trial court concerns the subject matter in Vihiga ELC Case No E001 of 2023 pending judgement before this court on 15/5/2025.
4. For the interest of justice and to avoid conflicting judicial decisions over the same subject matter, the proceedings in and execution of the orders of the trial court dated 22nd January 2025 in Vihiga MCLE Case No 212 OF 2024 are hereby stayed pending delivery of the judgement in Vihiga ELC Case No E001 OF 2023.
5. This matter will be mentioned on 15/5/2025 after delivery of the judgement in Vihiga ELC Case No E001 of 2023 for directions.Orders accordingly.
RULING, DATED AND SIGNED AT VIHIGA AND READ VIRTUALLY THIS 13TH DAY OF MARCH, 2025 THROUGH MICROSOFT TEAMS ONLINE APPLICATION.E. ASATI, JUDGE.In the presence of:Ajevi - Court Assistant.Kundu for the Appellant/Applicant. No appearance for the Respondent.