[2018] KEELC 2403 (KLR)
The court found that the applicants had not provided any evidence of stay orders from the Court of Appeal to support their application for stay of proceedings. The court further noted that Mutungi J had previously declined to issue orders of consolidation and stay, and there was no new material to warrant a...
Source-derived case information.
- Citation
- [2018] KEELC 2403 (KLR)
- Parties
- Plaintiff: Michael Kishon Ole Risa & 8 Others; Defendant: Hon. Gideon Konchellah & 15 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 335 of 2017
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Proceedings Pending Appeal
- Outcome
- application dismissed
- Judges
- MN Kullow
- Legal Topics
- Stay of Proceedings, Consolidation of Suits, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Kishon Ole Risa & 8 Others
Plaintiff
Hon. Gideon Konchellah & 15 Others
Defendant
Procedural Posture
Stay Application / Ruling on Application for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether the court should grant a stay of proceedings pending the hearing and determination of Kisumu Civil Appeal No. 106 of 2017.
- 2 Whether the applicants have demonstrated the existence of stay orders from the Court of Appeal to warrant a stay of proceedings.
- 3 Whether the previous orders declining consolidation and stay should be upheld.
Ratio Decidendi
The court found that the applicants had not provided any evidence of stay orders from the Court of Appeal to support their application for stay of proceedings. The court further noted that Mutungi J had previously declined to issue orders of consolidation and stay, and there was no new material to warrant a departure from that decision. Accordingly, the court upheld the previous orders and directed that the matter should proceed. The court stated that should the applicants succeed in obtaining stay orders from the Court of Appeal in the future, the proceedings could be stayed at that time upon service of such orders.
Court Disposition
application dismissed
Orders
- The application dated 15th November, 2017 is dismissed.
- The matter shall proceed as previously ordered.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAROK
ELC CAUSE NO. 335 OF 2017
FORMERLY ELC (KISII) CAUSE NO. 359 OF 2010
MICHAEL KISHON OLE RISA & 8 OTHERS...............PLAINTIFFS
-VERSUS-
HON. GIDEON KONCHELLAH & 15 OTHERS.......DEFENDANTS
RULING
I have read the application dated 15th November, 2017 which was brought under the provisions of sections 1A, 1B and 3A of the Civil Procedure Act, order 43 (6) of the Civil Procedure Rules seeking stay of proceedings in the substantive suit herein pending the hearing and determination of Kisumu Civil Appeal No. 106 of 2017.
The Application was based on the grounds that the Applicants had filed an Appeal against the consolidation of Civil Suit No. 359 of 2012 and 320 of 2017 which order was delivered.
The Applicant contends that they have filed a Notice of Appeal and that the Court of Appeal was of the view that the two matters be heard together.
Having read the application I find that the applicant has not to date availed a copy of any stay orders of the Court of Appeal to support the argument that the court was of the view that both suits be heard together. Furthermore Mutungi J having declined to issue orders of consolidation and stay I will uphold his orders and order that the matter being filed in court in 2006 do proceed and that should the applicants be lucky at the Court of Appeal with their intended appeal the court will stay the proceedings as and when it served.
In view of the above I dismiss the application dated 15th November, 2017.
DATED, SIGNED and DELIVERED in open court atNAROKon this16thday ofJuly, 2018
Mohammed Noor Kullow
Judge
16/7/18
In the presence of:
Mr Koceyo with Mr Kamwaro for the 1st to 3rd defendants
Mr Langat holding brief for Ogolla for the plaintiff
CA:Chuma
Mohammed Noor Kullow
Judge
16/7/18