[2024] KEELC 490 (KLR)
The court found that the application to stay proceedings and arrest the ruling was misconceived because the ruling sought to be arrested had already been delivered and the proceedings sought to be stayed had already taken place. The court emphasized that such applications must be made before the actions in question...
Source-derived case information.
- Citation
- [2024] KEELC 490 (KLR)
- Parties
- Plaintiff: Yobensia Kemunto Kemoni; Plaintiff: Margaret Nyaitondi Gwoma; Defendant: Geoffrey Mangera Omwoyo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 105 of 2021
- Procedural Posture
- Ruling / Application to Stay Proceedings and Arrest Ruling
- Outcome
- application dismissed with costs
- Judges
- JM Kamau
- Legal Topics
- Execution of Judgment, Survey and Boundaries, Stay of Proceedings
- 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
Yobensia Kemunto Kemoni
Plaintiff
Margaret Nyaitondi Gwoma
Plaintiff
Geoffrey Mangera Omwoyo
Defendant
Procedural Posture
Ruling / Application to Stay Proceedings and Arrest Ruling
Legal Issues
- 1 Whether the court should stay proceedings conducted before the Deputy Registrar on 26th October 2023.
- 2 Whether the court should arrest the Ruling delivered on 16th November 2023 pending implementation of a prior court order for a survey revisit.
- 3 Whether the Notice to Show Cause dated 21/3/2019 should be stayed or set aside pending hearing of another application.
Ratio Decidendi
The court found that the application to stay proceedings and arrest the ruling was misconceived because the ruling sought to be arrested had already been delivered and the proceedings sought to be stayed had already taken place. The court emphasized that such applications must be made before the actions in question occur. Since there was nothing left to stay or arrest, the application was disallowed with costs to the respondent.
Court Disposition
application dismissed with costs
Orders
- The application dated 5/11/2023 is disallowed with costs.
- There is nothing to stay or arrest as the ruling has already been delivered and proceedings have already taken place.
Full Case Text
Judgment text and source record
23 paragraphs
Kemoni & another v Omwoyo (Environment & Land Case 105 of 2021) [2024] KEELC 490 (KLR) (23 January 2024) (Ruling)
Neutral citation: [2024] KEELC 490 (KLR)
Republic of Kenya
In the Environment and Land Court at Nyamira
Environment & Land Case 105 of 2021
JM Kamau, J
January 23, 2024
Between
Yobensia Kemunto Kemoni
1st Plaintiff
Margaret Nyaitondi Gwoma
2nd Plaintiff
and
Geoffrey Mangera Omwoyo
Defendant
Ruling
1. The Respondent Geoffrey Mangera Omwoyo in an Application dated 5/11/2023 seeks for orders that the proceedings that were conducted before the Deputy Registrar on 26th October 2023 be stayed and the Ruling be arrested pending the implementation of the re-visiting of the surveyor as was ordered by the Environment and Land Court in the Decree.
2. The second prayer is that the Notice to Show Cause dated 21/3/2019 be stayed and/ or set aside pending the hearing and disposal of the Application dated 21/8/2019.
3. The grounds upon which the Application is based are that there is still pending implementation of this court’s order that the Land Registrar and County Surveyor, Nyamira do visit L. R. No. Matutu Settlement Scheme/214 and 215 for purposes of taking the ground measurements in accordance with the judgment of the court which orders were made on 28/1/2020 and 19/11/2021 respectively.
4. The Respondent seeks to have the Ruling on the Application dated 22/6/2023 arrested. The same was delivered on 16/11/2023. There is therefore nothing to stay. Likewise, the proceedings of 26/10/2023 cannot be stayed since they have already taken place.
5. The Application is therefore disallowed with costs. The same ought to have been brought before the actions to be arrested took place.
6. Ruling dated, signed and delivered at Nyamira this 23rd day of January 2024.
MUGO KAMAUJUDGEIn the presence of: -C/A: BrendaNo appearance for both parties and their advocates.