[2019] KEELC 3380 (KLR)
The court found that the application for stay of proceedings was merited, particularly in light of the fundamental issue raised regarding the issuance of titles. The absence of a response from the respondent and the potential prejudice to the applicant if proceedings continued justified the grant of a stay. However,...
Source-derived case information.
- Citation
- [2019] KEELC 3380 (KLR)
- Parties
- Appellant: Japhet Muriungi Rukunga (suing as legal representative of the Estate of M’Itiri Mbirithi M’Mbirithi Deceased); Respondent: Stephen Muriuki Baibaya
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 66 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Stay Application Pending Appeal
- Outcome
- Application for stay of proceedings allowed with conditions.
- Legal Topics
- Stay of Proceedings, Title Issuance, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japhet Muriungi Rukunga (suing as legal representative of the Estate of M’Itiri Mbirithi M’Mbirithi Deceased)
Appellant
Stephen Muriuki Baibaya
Respondent
Procedural Posture
Civil Appeal / Ruling on Stay Application Pending Appeal
Legal Issues
- 1 Whether a stay of proceedings should be granted pending the hearing and determination of the appeal.
- 2 Whether the issuance of titles affects the merits of granting a stay.
Ratio Decidendi
The court found that the application for stay of proceedings was merited, particularly in light of the fundamental issue raised regarding the issuance of titles. The absence of a response from the respondent and the potential prejudice to the applicant if proceedings continued justified the grant of a stay. However, the court limited the duration of the stay to one year, balancing the need to preserve the status quo with the imperative to avoid indefinite delay in the lower court proceedings.
Court Disposition
Application for stay of proceedings allowed with conditions.
Orders
- Stay of all proceedings in Tigania PMCC No. 97 of 2015 granted for a period of one year only.
- Costs to be provided for.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC APPEAL NO. 66 OF 2019
JAPHET MURIUNGI RUKUNGA (suing as legal
representative of the Estate of
M’ITIRI MBIRITHI M’MBIRITHI DECEASED)..........APPELLANT
VERSUS
STEPHEN MURIUKI BAIBAYA....................................RESPONDENT
RULING
1. In the application dated 3. 5.2019, applicant/appellant seeks for the following orders:
(i) That this application be certified as urgent and the same be heard exparte in the 1st instance.
(ii) That pending interpartes hearing of the application, an order be issued staying all proceedings in Tigania PMCC No. 97 of 2015.
(iii) That pending the hearing and determination of the appeal, an order be issued staying all the proceedings in Tigania PMCC No. 97 of 2015.
(iv) That costs be provided for.
2. The application is supported by the grounds on the face of the application and on the affidavit of the applicant.
3. I find that the application was served but no response was filed. Further, I note that a fundamental issue has been raised, that titles have already been issued.
4. In the circumstances, I find that the application is merited. I allow the same on condition that the stay orders shall remain in force for a period of 1 (ONE) year only.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 23RD MAY, 2019
IN THE PRESENCE OF:-
C/A: Kananu
Munga holding brief for Mwirigi for applicant
HON. LUCY. N. MBUGUA
ELC JUDGE