[2015] KEHC 2883 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the grant of an interim stay of proceedings in Tigania PMCC No. 197 of 2014, pending the hearing of the application inter partes. The court considered the imminent hearing date in the lower court and the potential prejudice to the applicant...
Source-derived case information.
- Citation
- [2015] KEHC 2883 (KLR)
- Parties
- Applicant: Julius Kiambati M'Mbura; Respondent: Bernard Kirimi Thirungua; Respondent: The Land & Settlement Officer, Tigania West District
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 22 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Interim Stay Application
- Outcome
- interim stay of proceedings granted pending inter partes hearing
- Judges
- FM Njoroge
- Legal Topics
- Stay of Proceedings, Interlocutory Applications, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Kiambati M'Mbura
Applicant
Bernard Kirimi Thirungua
Respondent
The Land & Settlement Officer, Tigania West District
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interim Stay Application
Legal Issues
- 1 Whether the applicant is entitled to a stay of proceedings in Tigania PMCC No. 197 of 2014 pending hearing of the application and intended appeal.
- 2 Whether the interests of justice require the grant of interim stay.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the grant of an interim stay of proceedings in Tigania PMCC No. 197 of 2014, pending the hearing of the application inter partes. The court considered the imminent hearing date in the lower court and the potential prejudice to the applicant if the proceedings were to continue before his application and intended appeal could be heard. In the interests of justice, the court exercised its discretion to grant the stay sought in prayer 2 of the application, ensuring that the applicant's right to be heard and to pursue an appeal would not be rendered nugatory by the progression of the lower court proceedings.
Court Disposition
interim stay of proceedings granted pending inter partes hearing
Orders
- Prayer 2 of the application is granted: proceedings in Tigania PMCC No. 197 of 2014 are stayed pending the hearing inter partes of this application.
- The application will be heard on 12.10.2015.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. CIVIL APPLICATION NO. 22 OF 2015
JULIUS KIAMBATI M'MBURA....................APPLICANT/INTENDED APPELLANT
VERSUS
BERNARD KIRIMI THIRUNGUA...........................................1ST RESPONDENT
THE LAND & SETTLEMENT
OFFICER, TIGANIA WEST DISTRICT …............................2ND RESPONDENT
R U L I N G
This application is dated 16. 9.2015 and seeks orders:
1. THAT this Honourable Court be pleased to certify this matter as urgent and hear the same experte in the 1st instance.
2. THAT this Honourable Court be pleased to stay the proceedings in TIGANIA P.MCC NO. 197 of 2014 pending the hearing interpartes of this application or further orders of the court.
3. THAT this Honourable Court be pleased to stay the proceedings in TIGANIA PMCC NO. 197 of 2014 pending the hearing and determination of the main application herein and the intended appeal.
4. THAT costs be in the cause.
The application is supported by the affidavit of JULIUS KIAMBATI M'MBURA and has the following grounds:
1. THAT the case in Tigania being PMCC NO. 197 of 2014 has been fixed for hearing on 06. 10. 2015.
2. THAT the hearing of the suit in Tigania Law Courts shall greatly prejudice the application herein as the applicant seeks to be heard in the case.
3. THAT it is in the interests of justice that this application is filed.
In the interest of Justice, I grant prayer 2.
The application will be heard on 12. 10. 2015.
Costs shall be in the cause
It is so ordered.
Delivered in Open Court at Meru this 22nd day of September 2015 in the presence of:
Cc. Daniel/Lilian
Mwanzia for the Applicant
P. M. NJOROGE
JUDGE