[2025] KEELC 3720 (KLR)
The court found that the appellant's application for stay of proceedings was not merited. The preliminary objection was raised late in the proceedings, and the trial court had already heard the matter with judgment pending. Granting a stay at this stage would undermine the court's duty to ensure expeditious disposal...
Source-derived case information.
- Citation
- [2025] KEELC 3720 (KLR)
- Parties
- Appellant: Beth Ndorongo & Co Advocates; Respondent: Mizizi Holdings Limited; Respondent: Tarasila Wambui P. Gichovi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E037 of 2024
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Stay of Proceedings Pending Appeal
- Outcome
- application for stay of proceedings dismissed
- Judges
- AK Bor
- Legal Topics
- Stay of Proceedings, Preliminary Objection, Expeditious Disposal of Suits, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Beth Ndorongo & Co Advocates
Appellant
Mizizi Holdings Limited
Respondent
Tarasila Wambui P. Gichovi
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Application for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether the court should grant a stay of proceedings in Embu CM ELC Case No. 89 of 2018 pending the determination of the appeal.
- 2 Whether the timing and conduct of the appellant in raising the preliminary objection justifies the grant of stay.
Ratio Decidendi
The court found that the appellant's application for stay of proceedings was not merited. The preliminary objection was raised late in the proceedings, and the trial court had already heard the matter with judgment pending. Granting a stay at this stage would undermine the court's duty to ensure expeditious disposal of disputes. The appellant had previously sought similar relief before the trial court, which was declined. The court exercised its discretion against granting a stay, holding that the circumstances did not justify interfering with the ongoing proceedings at the lower court.
Court Disposition
application for stay of proceedings dismissed
Orders
- The application dated 11/10/2024 for stay of proceedings is declined.
- The costs of the application shall abide the outcome of the appeal.
Full Case Text
Judgment text and source record
23 paragraphs
Beth Ndorongo & Co Advocates v Mizizi Holdings Limited & another (Environment and Land Appeal E037 of 2024) [2025] KEELC 3720 (KLR) (28 April 2025) (Ruling)
Neutral citation: [2025] KEELC 3720 (KLR)
Republic of Kenya
In the Environment and Land Court at Embu
Environment and Land Appeal E037 of 2024
AK Bor, J
April 28, 2025
Between
Beth Ndorongo & Co Advocates
Appellant
and
Mizizi Holdings Limited
1st Respondent
Tarasila Wambui P. Gichovi
2nd Respondent
Ruling
1. Through the application dated 11/10/2024, the Appellant seeks to have the proceedings in Embu CM ELC Case No. 89 of 2018 stayed pending the hearing and determination of this appeal.
2. The Appellant brought this appeal against the orders issued by the Learned Magistrate on 29/7/2024 vide which the trial court declined to hear the Appellant’s preliminary objection dated 18/7/2024 and directed that the grounds would be canvassed in the trial and determined in the judgment. Beth Ndorongo advocate swore the affidavit in support of the application and exhibited the impugned orders. She averred that she made a similar application before the trial court which was declined.
3. Mwangi K. Mukururi, the Company Secretary of the 1st Respondent swore the replying affidavit dated 26/3/2025 in opposition to the application. He supported the decision of the trial court that the preliminary objection had been raised late, about 11 days before the date scheduled for the hearing of the suit. He added that the matter came up for pre-trial directions on several occasions without the Appellant raising the objection. Mr. Mukururi gave the sequence of the proceedings which took place before the trial court and urged the court to disallow the application. He added that the suit had proceeded for hearing before the trial court on 29/7/2024 and 10/12/2024 and that the court was scheduled to deliver the judgment on 12/5/2025.
4. The court directed parties to file submissions. The 1st Respondent filed its submissions which the court has considered. It relied on Order 42 Rule 6 and several decisions on the exercise of the court’s discretion to stay proceedings.
5. Upon careful consideration of the rival positions, this court is of the view that granting the orders sought in the application dated 11/10/2024 will not augur well with the duty of the court to ensure the expeditious disposal of disputes more so in light of the fact that the hearing of the suit already proceeded before the trial court and the matter is pending for judgment.
6. The court declines to grant the orders sought in the application dated 11/10/2024. The costs of the application shall abide the outcome of the appeal.
DELIVERED VIRTUALLY AT EMBU THIS 28TH DAY OF APRIL 2025. K. BORJUDGEIn the presence of: -Ms. Wanjiku Kamochu for the AppellantMs. Pauline Kanyike for the 1st RespondentDiana Kemboi- Court AssistantNo appearance for the 2nd Respondent