[2007] KEHC 1193 (KLR)
The court found that there exists a multiplicity of suits involving the same parties and subject matter, specifically land ownership disputes, which are currently pending before various courts including the Court of Appeal. To prevent conflicting decisions and ensure orderly administration of justice, the court...
Source-derived case information.
- Citation
- [2007] KEHC 1193 (KLR)
- Parties
- Plaintiff: Francis Ireri Jotham; Defendant: Abishagi Rufus; Defendant: Lloyd Mugendi Muketha; Defendant: Mwimbi Land Disputes Tribunal
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 324 of 2006
- Procedural Posture
- Civil Case / Ruling on Stay of Proceedings Pending Appeal
- Outcome
- Stay of proceedings granted in subordinate courts pending outcome of appeals.
- Legal Topics
- Multiplicity of Suits, Stay of Proceedings, Land Ownership Disputes, Specific Performance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Ireri Jotham
Plaintiff
Abishagi Rufus
Defendant
Lloyd Mugendi Muketha
Defendant
Mwimbi Land Disputes Tribunal
Defendant
Procedural Posture
Civil Case / Ruling on Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether the multiplicity of suits arising from the same land dispute warrants a stay of proceedings in the subordinate courts pending the outcome of appeals.
- 2 Whether Section 6 of the Civil Procedure Act applies to justify the stay of related cases.
Ratio Decidendi
The court found that there exists a multiplicity of suits involving the same parties and subject matter, specifically land ownership disputes, which are currently pending before various courts including the Court of Appeal. To prevent conflicting decisions and ensure orderly administration of justice, the court exercised its discretion under Section 6 of the Civil Procedure Act to stay all related proceedings in the subordinate courts, including the present suit and Milimani Hccc296/05, until the determination of the appeals pending before the Court of Appeal. The court further directed that copies of the ruling be provided to the relevant registrars to ensure compliance and proper...
Court Disposition
Stay of proceedings granted in subordinate courts pending outcome of appeals.
Orders
- All files and cases in the subordinate courts related to the dispute are stayed pending the outcome of the Court of Appeal cases.
- The stay applies to this suit and Milimani Hccc296/05, including the hearing scheduled for 14 November 2007.
Full Case Text
Judgment text and source record
74 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 324 of 2006
1. Land and Environmental Law
2. Civil Practice and Procedure
a) Multiplicity of suits filed from Land disputes Tribunal case MWI/15/2000.
b) Francis Ireri Jothan has filed following suit:
i) Hccc324/06 Nairobi High Court
For orders of court to register plaintiff as owner of land. Njugu BG & Co. Advocates
ii) Milimani Hccc296/05
Francis Ireri Jothan v Llyod Mugechi & Others
Specific Performance
M/s Njue Mwachandi & Co. Advocates
iii) Resident Magistrate
Award Land Dispute Tribunal No.35/01
(24 September 2001).
iv) CA 115/01
Judgment of 3 July 2003
Kasanga Muwla be se aside
v) CA 115/01
Review – Ruth N. Sitati
13. 4.05
Dismissed same.
vi) Court of appeal.
Appeal to Nyeri
CA 139/2005 and
CA 11501 to Meru
Direction
3. That the lower court files be stayed pending the determination of the appeal suit before the court of appeal.
4. That the hearing of 14. 11. 07 be taken out of the list.
5. Copies of ruling to concerned magistrates court, High Court through’ Registrar and deputy registrar and Court of appeal.
6. case law – Nil
Section 6 Civil Procedure Act.
7. Advocates:
B.G. Njugi for B.G. Njugi & Co. Advocates for the plaintiff/exparte – present
Abishagi Rufus Advocate for the defendant – absent- No appearance
FRANCIS IRERI JOTHAM…………………………….…PLAINTIFF
VERSUS
ABISHAGI RUFUS
LLOYD MUGENDI MUKETHA
MWIMBI LAND DISPTUES TRIBUNAL…….….…DEFENDANTS
RULING NO.2
1. Further to my ruling of 14th March 2007 where I declined to a grant an injunction as whereas directions on the Originating Summons was given on 17 July 2007 (by Visram J) and whereas the hearing was heard on the Originating Summons by way of affidavit evidence this court ordered that the cases related to this matter be brought up.
2. From perusal of the files before me it has transpired that there are multiplicity of suits filed by Francis Ireri Jothan namely:-
i) Hccc324/06 Nairobi High Court ,
awaiting orders that the plaintiff be registered as owner of the land.
Advocate M/s Njugi BG & Co. advocates
ii) Milimani Hccc296/05
Francis Ireri Jothan v Llyod Mugedi & Others
Specific performance
M/s Njue Mwachadi & Co. Advocates
Hearing date on 14 November 2007.
iii) Resident Magistrate award in Land dispute Tribunal 35/01 entered on 24 September 2001.
iv) Appeal CA 115/01.
Judgment by Kasanga Mulwa of
3. July 2003 that has been sought to be set aside and refused
v) CA 115/01
Review
Ruth N Sitati, J.
13 April 2005
Application refused and duly dismissed.
vi) Court of appeal
CA 139/2005 Nyeri.
CA 115/01 Meru
Consolidated and awaiting hearing
3. I hereby order under section 6 of the Civil Procedure Act that all files and or cases in the subordinate courts be stayed pending the out come of the court of appeal cases. I further direct that this applies to this suit and the Milimani Hccc296/05 but coming for hearing on 14 November 2007.
4. I order that a copy of this ruling be availed to the Registrar of the High Court of Nairobi, Deputy Registrar of the High Court of Nairobi, Deputy Registrar Court of Appeal pending the finalization of the court of appeal hearing.
Dated this 13th day of November 2007 at Nairobi.
M.A. ANG’AWA
JUDGE
B.G. Njugi for B.G. Njugi & Co. Advocates for the plaintiff/exapre – present
Abishagi Rufus Advocate for the defendant – absent
No appearance