[2022] KEELC 1204 (KLR)
The court found that the applicant had demonstrated substantial loss would be suffered if stay was not granted, particularly as the appeal concerns the admissibility of certain documents. The court recognized the applicant's right to appeal and the need to allow the appellate court to determine the issue. While...
Source-derived case information.
- Citation
- [2022] KEELC 1204 (KLR)
- Parties
- Applicant: Florence W Mbugua (suing as administrator of the Estate of Rosemary Wanjiku Munyua (Deceased)); Respondent: Beatrice N Maina (Administratrix, Estate of Joseph M Munyua (Deceased))
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 556 of 2010
- Procedural Posture
- Stay Application / Ruling on Stay of Proceedings Pending Appeal
- Outcome
- Application for stay of proceedings granted.
- Judges
- EK Wabwoto
- Legal Topics
- Stay of Proceedings, Right of Appeal, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Florence W Mbugua (suing as administrator of the Estate of Rosemary Wanjiku Munyua (Deceased))
Applicant
Beatrice N Maina (Administratrix, Estate of Joseph M Munyua (Deceased))
Respondent
Procedural Posture
Stay Application / Ruling on Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether the applicant has demonstrated sufficient grounds for stay of proceedings pending appeal.
- 2 Whether granting stay of proceedings would prejudice the right to access to justice and fair trial.
Ratio Decidendi
The court found that the applicant had demonstrated substantial loss would be suffered if stay was not granted, particularly as the appeal concerns the admissibility of certain documents. The court recognized the applicant's right to appeal and the need to allow the appellate court to determine the issue. While acknowledging that stay of proceedings can affect the right to access to justice and a fair trial, the court held that in this case, the balance of justice favored granting the stay, provided the intended appeal is filed within 30 days. The court exercised its discretion to grant the stay, with directions to expedite the preparation of proceedings to avoid unnecessary delay.
Court Disposition
Application for stay of proceedings granted.
Orders
- Stay of proceedings is granted pending the filing of the intended Appeal.
- The intended appeal be filed within the next 30 days from the date of the ruling.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MILIMANI
ELC SUIT NO. 556 OF 2010
FLORENCE W MBUGUA (suing as administrator of the Estate of
ROSEMARY WANJIKU MUNYUA (Deceased)......................................................................APPLICANT
=VERSUS=
BEATRICE N MAINA (Administratrix,Estate of JOSEPH M MUNYUA (Deceased).....RESPONDENT
RULING No. 2
(Ruling on stay of proceedings)
The court is being called upon to stay the proceedings pending filing of an appeal against the Ruling delivered by this court today on 24/02/2022.
I have considered the application, together with oral submissions for the counsels. I am satisfied that the Applicant has demonstrated substantial loss to be suffered if stay is not granted. The court appreciates that stay of proceedings pending an appeal against a ruling is not the same as stay where judgement /decree has been rendered.
The court also notes that where a party is aggrieved by whatever decision of the court, has a right of appeal.
The Applicant counsel seeks for a chance to ventilate the issue of the “rejected documents” at the Appellate court. It is worth noting that stay of proceedings impinges on the right of access to justice and right to be heard without delay and overall right to fair trial.
In the premises, I consider this to be a deserving application for stay of proceedings, which I would grant to allow the Applicant file their appeal.
The stay of proceedings is granted under the following terms: -
1. Stay of proceedings is granted pending the filing of the intended Appeal.
2. The Intended appeal be filed within the next 30 days from today.
3. The Deputy Registrar of this court is directed to ensure the typing of proceedings is fast tracked and copies availed to the parties.
4. Costs to be in the cause.
It is so ordered.
DATED, SIGNED AND DELIVERED AT NAIROBI IN OPEN COURT THIS 24TH DAY OF FEBRUARY 2022.
E. K. WABWOTO
JUDGE
In Presence of: -
Mr. Mwariri for the Applicant.
Mr. Ombwayo for the Respondent.
Court Assistant: Caroline Nafuna.