[2021] KEELC 544 (KLR)
The court determined that it could not proceed to rule on the application dated 29th May 2020 because there was an existing stay order issued by a court of concurrent jurisdiction (Hon. Mr. Justice Mohamed Kullow) on 19th May 2020 in Kilgoris ELC Petition Number 7 of 2021. This stay order expressly barred any...
Source-derived case information.
- Citation
- [2021] KEELC 544 (KLR)
- Parties
- Appellant: Daniel Kironki; Appellant: Nelly Paranai Kine (Suing as the Legal Representatives of the Estate of Joseph Mpayao Ole Kine, Deceased); Respondent: Ole Mutamperia Olodaru; Respondent: Gideon Pere; Respondent: Julious Pere
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kilgoris
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 17 of 2021
- Procedural Posture
- Elc Appeal / Ruling on Interlocutory Application; Ruling Deferred Due to Existing Stay Order
- Outcome
- Ruling on the application dated 29th May 2020 deferred pending determination of Kilgoris ELC Petition Number 7 of 2021 or discharge of the stay order.
- Legal Topics
- Stay of Proceedings, Group Ranch Disputes, Adjudication Area, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kironki
Appellant
Nelly Paranai Kine (Suing as the Legal Representatives of the Estate of Joseph Mpayao Ole Kine, Deceased)
Appellant
Ole Mutamperia Olodaru
Respondent
Gideon Pere
Respondent
Julious Pere
Respondent
Procedural Posture
Elc Appeal / Ruling on Interlocutory Application; Ruling Deferred Due to Existing Stay Order
Legal Issues
- 1 Whether the court can proceed to determine the application dated 29th May 2020 in light of an existing stay order from another court affecting the suit properties.
- 2 Whether the interim orders issued on 2nd June 2020 remain in force pending the determination of the application.
Ratio Decidendi
The court determined that it could not proceed to rule on the application dated 29th May 2020 because there was an existing stay order issued by a court of concurrent jurisdiction (Hon. Mr. Justice Mohamed Kullow) on 19th May 2020 in Kilgoris ELC Petition Number 7 of 2021. This stay order expressly barred any determination of legal rights or titles in respect of the Shartuka Group Ranch, which includes the suit properties. As a result, the court deferred its ruling on the application until the stay order is discharged or the petition is determined. The interim orders issued on 2nd June 2020 remain in force until the application is substantively determined.
Court Disposition
Ruling on the application dated 29th May 2020 deferred pending determination of Kilgoris ELC Petition Number 7 of 2021 or discharge of the stay order.
Orders
- Ruling on the application dated 29th May 2020 is deferred until determination of Kilgoris ELC Petition Number 7 of 2021 or discharge of the stay order issued on 19th May 2020.
- The interim orders issued on 2nd June 2020 remain in force until the present application is determined.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KILGORIS
ELC APPEAL NUMBER 17 OF 2021
DANIEL KIRONKI
NELLY PARANAI KINE(Suing as the Legal Representativesof the Estate of
JOSEPH MPAYO OLE KINE, DECEASED)............................................APPELLANTS
-VERSUS-
OLE MUTAMPERIA OLODARU
GIDEON PERE
JULIOUS PERE.........................................................................................RESPONDENTS
RULING
The Application before the Honourable Court is dated 29th May 2020 and was filed in Court on the 2nd June 2020.
The said Application was placed before the Learned Judge and interim Orders were issued accordingly on the 2nd of June 2020.
Thereafter, the matter was transferred to the Environment & Land Court in Kilgoris on the 8th of June 2021.
On the 29th of September 2021 the matter was placed before the Environment & Land Court Judge for further directions.
Counsel for both the Appellants/Applicants as well as Respondents proceeded to request for a Ruling on the same without bring it to the attention of the Court that the suit properties were being affected by a Stay Order issued on the 19th of May 2020 by an Environment and Land Court sitting in Narok.
The Honourable Court has perused the Application dated 29th May 2020 and the Replying Affidavit filed on 24th June 2020 and have noted that the suit properties are identified as TRANSMARA/SHARTUKA/149 and TRANSMARA/SHARTUKA/971.
The Honourable Court takes Judicial Notice of the Orders issued by my brother Hon.Mr.Justice Mohamed Kullow on the 19th May 2020 in now what is known as Kilgoris Environment and Land Petition Number 7 of 2021 which partly read as follows;-
“Matters touching on the Shartuka Group Ranch currently pending before any Court be and are hereby stayed pending the hearing and determination of the instant Petition.”
The effect on the above Order made on the 19th May 2020 by the Learned Judge was to stop any determination of legal rights appertaining to the area known as Shartuka Group Ranch or any titles issued under the said Adjudication area until the conclusion of the Kilgoris ELC Petition Number 7 of 2021.
Consequently therefore, this Honourable Court defers the Ruling on the Application dated 29th May 2020 until the determination of Kilgoris ELC Petition Number 7 of 2021 or until such other time as the Orders of 19th May 2020 will be discharged by an appropriate Court of Jurisdiction.
For avoidance of doubt, the Orders issued on the 2nd of June 2020 are still in force until the determination of the present Application dated 29th May 2020.
DATED, SIGNED & DELIVERED VIRTUALLY IN KILGORIS ELC COURT ON 8TH DAY OF DECEMBER, 2021.
HONOURABLE EMMANUEL.M.WASHE
JUDGE
In the Presence of:-
1. Court Assistant – Matiko
2. Kipngetich for Appellant/Applicant