[2020] KEELC 2166 (KLR)
The court found that the application for stay of proceedings was unopposed, as there was no replying affidavit or grounds of opposition from the respondents. The applicant demonstrated that they had filed an appeal against the ruling that struck out the 5th defendant and argued that proceeding with the suit would...
Source-derived case information.
- Citation
- [2020] KEELC 2166 (KLR)
- Parties
- Plaintiff: Kamongo Farmers Co-operative Society Ltd; Defendant: Chief Land Registrar; Defendant: Narok South District Land Registrar; Defendant: Director of Survey; Defendant: Narok South District Land Surveyor; Defendant: Harunani and Associates; Defendant: Alfred Rebei; Defendant: Wilson Kebenei; Defendant: Joseph Maredai; Defendant: Kimutai Samoei & Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 298 of 2017
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Proceedings Pending Appeal
- Outcome
- Application for stay of proceedings allowed.
- Judges
- MN Kullow
- Legal Topics
- Stay of Proceedings, Judicial Review, Striking Out of Parties, Appeals, Land Disputes
- 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
Kamongo Farmers Co-operative Society Ltd
Plaintiff
Chief Land Registrar
Defendant
Narok South District Land Registrar
Defendant
Director of Survey
Defendant
Narok South District Land Surveyor
Defendant
Harunani and Associates
Defendant
Alfred Rebei
Defendant
Wilson Kebenei
Defendant
Joseph Maredai
Defendant
Kimutai Samoei & Others
Defendant
Procedural Posture
Stay Application / Ruling on Application for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of proceedings pending the determination of the appeal.
- 2 Whether the striking out of the 5th defendant as a party was erroneous and causes irreparable harm to the applicant.
Ratio Decidendi
The court found that the application for stay of proceedings was unopposed, as there was no replying affidavit or grounds of opposition from the respondents. The applicant demonstrated that they had filed an appeal against the ruling that struck out the 5th defendant and argued that proceeding with the suit would cause irreparable harm. Given the absence of opposition and the pending appeal, the court exercised its discretion to grant a stay of proceedings pending the outcome of the appeal, ensuring that the applicant's right to appeal is not rendered nugatory.
Court Disposition
Application for stay of proceedings allowed.
Orders
- There shall be a stay of proceedings in respect of the suit herein pending the outcome of the Court of Appeal, Nairobi Civil Appeal No. 2 of 2019.
- The costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAROK
ELC CAUSE NO. 298 OF 2017
KAMONGO FARMERS CO-OPERATIVESOCIETY LTD.......PLAINTIFF
-VERSUS-
CHIEF LAND REGISTRAR..................................................1ST DEFENDANT
NAROK SOUTH DISTRICT LAND REGISTRAR............2ND DEFENDANT
DIRECTOR OF SURVEY.......................................................3RD DEFENDANT
NAROK SOUTH DISTRICT LAND SURVEYOR..............4TH DEFENDANT
HARUNANI AND ASSOCIATES..........................................5TH DEFENDANT
ALFRED REBEI......................................................................6TH DEFENDANT
WILSON KEBENEI...............................................................7TH DEFENDANT
JOSEPH MAREDAI...............................................................8TH DEFENDANT
KIMUTAI SAMOEI & OTHERS..........................................9TH DEFENDANT
RULING
By a Notice of Motion dated 12th March, 2019 the applicant sought for orders of stay of proceedings in the instant suit pending the hearing and determination of the applicant’s appeal against a ruling of this court made on 26th November, 2018 together with the costs of the application. The application is based on the grounds that the striking out of the 5th defendant as a party to the suit was erroneous and that unless the suit herein is stayed the applicant will suffer irreparable damages. The application was further supported by the affidavit of the applicant’s advocates in which he deponed that the applicant had filed a Judicial Review application seeking the court to review its ruling made on 11th April, 2018 striking out the applicant’s claim against the 5th defendant which application was disallowed and they have thus appealed against the said ruling which has high chances of success.
From the record I have not seen the respondent’s replying affidavit and/or grounds of opposition to the application and since the application is uncontroverted and unopposed I will allow the application and I order that there be a stay of proceedings in respect of the suit herein pending the outcome of the Court of Appeal, Nairobi Civil Appeal No. 2 of 2019. The costs of the application shall be in the cause.
DATED, SIGNED and DELIVERED IN OPEN COURTatNAROKon this 11thday of June, 2020.
Mohammed Kullow
Judge
11/6/2020
In the presence of:
CA:Chuma
Mr. Kilele for the Defendants
N/A for the Plaintiff