[2023] KEELC 18007 (KLR)
The court held that it cannot entertain applications for joinder of parties or grant stay of execution orders unless and until it is satisfied that there is a valid appeal before it. The determination of whether an appeal exists is a threshold issue that must be resolved prior to considering any interlocutory...
Source-derived case information.
- Citation
- [2023] KEELC 18007 (KLR)
- Parties
- Applicant: Eastern Produce Kenya Limited; Respondent: Chief Land Registrar; Respondent: Kimasas Farmers Co-operative Society; Respondent: County Government of Nandi; Respondent: National Land Commission
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 2 of 2023
- Procedural Posture
- Environment and Land Appeal / Interlocutory Ruling on Joinder and Stay Pending Determination of Application for Extension of Time to File Appeal
- Outcome
- Application for joinder and stay of execution deferred pending determination of application for extension of time to file appeal.
- Judges
- MN Mwanyale
- Legal Topics
- Joinder of Parties, Stay of Execution, Appeal Timelines, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eastern Produce Kenya Limited
Applicant
Chief Land Registrar
Respondent
Kimasas Farmers Co-operative Society
Respondent
County Government of Nandi
Respondent
National Land Commission
Respondent
Procedural Posture
Environment and Land Appeal / Interlocutory Ruling on Joinder and Stay Pending Determination of Application for Extension of Time to File Appeal
Legal Issues
- 1 Whether there is a valid appeal before the court to warrant consideration of joinder of a party.
- 2 Whether stay of execution orders can be granted before determination of the existence of an appeal.
Ratio Decidendi
The court held that it cannot entertain applications for joinder of parties or grant stay of execution orders unless and until it is satisfied that there is a valid appeal before it. The determination of whether an appeal exists is a threshold issue that must be resolved prior to considering any interlocutory applications related to the appeal. Accordingly, the court directed that the application for extension of time to file an appeal be heard and determined first, and that the ruling on joinder would await the outcome of that application.
Court Disposition
Application for joinder and stay of execution deferred pending determination of application for extension of time to file appeal.
Orders
- The ruling on the application for joinder of National Land Commission is deferred.
- The application for extension of time to file an appeal shall be heard and determined first.
Full Case Text
Judgment text and source record
28 paragraphs
Eastern Produce Kenya Limited v Chief Land Registrar & another; County Government of Nandi (Interested Party) (Environment and Land Appeal 2 of 2023) [2023] KEELC 18007 (KLR) (12 June 2023) (Ruling)
Neutral citation: [2023] KEELC 18007 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Environment and Land Appeal 2 of 2023
MN Mwanyale, J
June 12, 2023
(FORMERLY ELD ELC E008 OF 2023)
Between
Eastern Produce Kenya Limited
Applicant
and
Chief Land Registrar
1st Respondent
Kimasas Farmers Co-operative Society
2nd Respondent
and
County Government of Nandi
Interested Party
Ruling
1. This Ruling is not in relation to the substantive ruling on the application dated May 26, 2023 which was reserved for delivery on July 31, 2023 or earlier by Notice; but the court found it necessary to deliver the same.
2. On 9/5/2023 when at the exparte stage, Mr. Gachuhi, for the Applicants sought for temporarily stay of execution orders, and on 31/5/2023, Dr. Ojiambo Senior Counsel for the applicants equally sought for a Stay of Execution Orders Ante, on both occasions the court declined to issue the orders, since the issue of whether or not there is an appeal before court has not been determined.
3. The said position taken by the court was informed by the Supreme Court decision in the case of Dr. Wilfrida Arnodah Itolondo vs Attorney General and 9 others (2021) eKLR.
4. The application dated 26/5/2023 seeks joinder of a party to an appeal, and it is the court view that whereas the said application has been argued and its ruling reserved, it would be proper to determine whether there is an appeal before court before an issue of joinder of a party to the appeal can be determined.
5. In other words, the court has to firstly deal with;i.Whether there is an appeal before it, before deciding on the parties to the appeal.The above is in line with the decision in the Dr. Wilfreda Annoldah Holondodecision aforementioned.
6. Consequently, the ruling in respect of joinder of National Land Commission vide the application dated 28/5/2023 shall await the outcome of the application dated 28/4/2023 for extension of time to file an appeal which the court directs, that it be heard and determined first.
7. Orders accordingly
DATED AND DELIVERED AT KAPSABET THIS 12TH JUNE, 2023. Hon. M. N. Mwanyale,JUDGEIn the presence of;1. Mrs. Opiyo for Intended Appellants2. Ms. Kerubo and Mr. Mutari for the 1st Respondent3. Ms. Nderitu for 2nd Respondent4. Mr. Tororei for Interested Party5. Mr. Mbuthia for Intended 3rd Respondent