[2025] KEELC 3158 (KLR)
The court found that it would be illogical and prejudicial to allow the lower court proceedings to continue while the outcome of the appeal regarding the appellant's joinder was pending. If the appeal were to succeed, any proceedings conducted in the lower court in the interim would be rendered futile, resulting in...
Source-derived case information.
- Citation
- [2025] KEELC 3158 (KLR)
- Parties
- Appellant: Arthur Hunja Kamanda; Respondent: Samson Maina Karuga; Respondent: The County Government Of Murang’A; Respondent: The Land Registrar Of Murang’A
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Muranga
- Jurisdiction
- Kenya
- Case Number
- Land Case E026 of 2024
- Procedural Posture
- Stay Application / Ruling on Interlocutory Application for Stay of Proceedings Pending Appeal
- Outcome
- Application allowed. Stay of proceedings granted.
- Judges
- MN Gicheru
- Legal Topics
- Stay of Proceedings, Joinder of Parties, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Arthur Hunja Kamanda
Appellant
Samson Maina Karuga
Respondent
The County Government Of Murang’A
Respondent
The Land Registrar Of Murang’A
Respondent
Procedural Posture
Stay Application / Ruling on Interlocutory Application for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether the proceedings in Murang’a CMELC E078 of 2021 should be stayed pending the determination of the appeal.
- 2 Whether the appellant has demonstrated sufficient cause for the grant of stay of proceedings.
Ratio Decidendi
The court found that it would be illogical and prejudicial to allow the lower court proceedings to continue while the outcome of the appeal regarding the appellant's joinder was pending. If the appeal were to succeed, any proceedings conducted in the lower court in the interim would be rendered futile, resulting in wasted time, effort, and costs for all parties, as well as unnecessary expenditure of judicial resources. The absence of opposition from the respondents further supported the grant of the stay. Accordingly, the court exercised its discretion to allow the application and stay the proceedings in Murang’a CMELC E078 of 2021 pending the determination of the appeal.
Court Disposition
Application allowed. Stay of proceedings granted.
Orders
- The hearing and proceedings in Murang’a CMELC E078 of 2021 are stayed pending the hearing and determination of this appeal.
- Costs in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
Kamanda v Karuga & 2 others (Land Case E026 of 2024) [2025] KEELC 3158 (KLR) (7 April 2025) (Ruling)
Neutral citation: [2025] KEELC 3158 (KLR)
Republic of Kenya
In the Environment and Land Court at Muranga
Land Case E026 of 2024
MN Gicheru, J
April 7, 2025
Between
Arthur Hunja Kamanda
Appellant
and
Samson Maina Karuga
1st Respondent
The County Government Of Murang’A
2nd Respondent
The Land Registrar Of Murang’A
3rd Respondent
Ruling
1. This ruling is on the notice of motion dated 11-11-2024. The motion which is by the Appellant, is brought under Sections 1A, 1B and 3A of the Civil Procedure Act, and all enabling provisions of the law. It seeks the following residual orders.3. That pending the hearing and determination of this appeal, the hearing and proceedings in Murang’a CMELC E078 of 2021 be stayed.4. That the costs of this application be provided for.
2. The motion is based on seven (7) grounds, and it is supported by an affidavit sworn by the Appellant Arthur Hunja Kamanda dated 11-11-2024 which has four (4) annexures. The gist of the grounds and the deposition is as follows. Firstly, the Appellant was joined in the Chief Magistrates suit No. CMELC E078 of 2021 as a Defendant vide an order made in a ruling dated 29-5-2024 and he was dissatisfied with the joinder. Secondly, if this appeal is allowed, the Appellant will no longer be a party in the lower court case. The lower court suit should not be allowed to proceed as long as this appeal is pending. Thirdly, the delay in filing this appeal was occasioned by the unavailability of the court proceedings and the order appealed against which the Appellant needed for the preparation of the record of appeal.
3. When this mater came up for directions on 5-2-2025 the 1st Respondents Counsel asked for 7 days to file and serve a replying affidavit. I have not seen any replying affidavit to date.
4. I have carefully considered the motion especially the grounds, the supporting affidavit and the annexures thereto. I find that the motion has merit and should be allowed because it does not make sense to proceed with the lower court case when the outcome of this appeal is unknown. If the lower court case proceeds and his appeal is eventually allowed, the hearing of the lower case will have been in vain. It would also have occasioned the parties unnecessary work and costs which should be avoided. Finally, precious judicial time and resources will have been wasted.For the above stated reasons, I allowed the notice of motion dated 11-11-2024 in terms of prayer 3. Costs in the cause.It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT MURANG’A THIS 7TH DAY OF APRIL, 2025. M.N. GICHERUJUDGE.Delivered online in the presence of; -Court Assistant – Mwangi NjonjoAppellant’s Counsel – Mr Ndonga holding briefInterested Party’s Counsel – Mr. Kirubi1st Respondent’s Counsel – Mr. Makira