[2023] KEELC 16954 (KLR)
The court found that the applicant failed to demonstrate any prejudice that would result from the continuation of the lower court proceedings, especially since the orders partially favoured him and allowed for further claims. The appeal was filed out of time and without leave of court, undermining the applicant's...
Source-derived case information.
- Citation
- [2023] KEELC 16954 (KLR)
- Parties
- Appellant: Christopher Muriira; Respondent: Jason Muthee Ntarangwi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E004 of 2023
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Proceedings Pending Appeal
- Outcome
- application dismissed with costs
- Judges
- CK Nzili
- Legal Topics
- Stay of Proceedings, Appeal Out of Time, Boundary Disputes, Consent Orders
- 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
Christopher Muriira
Appellant
Jason Muthee Ntarangwi
Respondent
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 in the lower court pending the hearing of the appeal.
- 2 Whether the appeal was filed within the prescribed time and with the necessary leave of court.
- 3 Whether the applicant will suffer prejudice if the proceedings in the lower court continue.
Ratio Decidendi
The court found that the applicant failed to demonstrate any prejudice that would result from the continuation of the lower court proceedings, especially since the orders partially favoured him and allowed for further claims. The appeal was filed out of time and without leave of court, undermining the applicant's entitlement to a stay. The discretionary power to grant a stay of proceedings must be exercised judiciously, and in this case, the interests of justice did not warrant halting the lower court hearing. Consequently, the application lacked merit and was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for stay of proceedings is dismissed for lack of merit.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
21 paragraphs
Muriira v Ntarangwi (Environment and Land Appeal E004 of 2023) [2023] KEELC 16954 (KLR) (19 April 2023) (Ruling)
Neutral citation: [2023] KEELC 16954 (KLR)
Republic of Kenya
In the Environment and Land Court at Meru
Environment and Land Appeal E004 of 2023
CK Nzili, J
April 19, 2023
Between
Christopher Muriira
Appellant
and
Jason Muthee Ntarangwi
Respondent
Ruling
1. The court by an application dated January 23, 2023 is asked to stay proceedings in Tigania Magistrates Court ELC Case No E016 of 2021 pending the hearing of this appeal. The reasons are contained on the face of the application and in the supporting affidavit by Christopher Muriira sworn on January 23, 2023 namely: the appeal would be rendered nugatory should the matter at the lower court proceed during the pendency of the appeal.
2. The application is opposed through an affidavit sworn by Jason Muthee Ntarangwi. The reasons are that the suit in the lower court relates to a boundary fixing over two distinct parcels of land, in which the trial court ordered by consent of the parties, for the county surveyor Meru North to visit the locus in quo, fix the beacons and establish the official boundary. That thereafter, the fence was fixed to avoid further interference, which prompted the filing of an application for contempt, which the trial court handled and gave fair directions. That to stay the proceedings would be unfair, unnecessary and shall amount to blocking the administration of justice since the directions given together with the ruling appealed against were in favour of the appellant who in the first place filed the appeal and thereafter filed a counterclaim.
3. In KWS v Mutembei (2019) eKLR, the court cited with approval Re-Global Tours & Travel Ltd, Nairobi HC winding up case No 43 of 2000 where it was held that the stay of proceedings was a discretionary relief which is to be exercised in the interest of justice by weighing the pros and cons of granting or not granting the orders, bearing in mind the need for the expeditious disposal of cases, the prima facie merits of the intended appeal, the scarcity and the optimum utilization of judicial time and lastly, whether the application has been brought expeditiously. The court went on to state that such an order if granted impinges on and seriously interferes with the right of a litigant to access justice and for a fair trial.
4. In this application, the ruling appealed against was made on October 1, 2022. Parties were ordered to comply with Order 11 of the Civil Procedure Rules. The appeal was filed on January 19, 2023 with no leave of the court. The order to attend the locus in quo and fix the boundary was by consent of parties made on March 4, 2022. It has not been appealed against. Thereafter, parties were directed to comply with Order 11 of the Civil Procedure Rules.
5. The applicant has not demonstrated how he would be prejudiced if the matter was to proceed for hearing since the orders of October 1, 2022 were partially in his favour and the trial court left an option for the applicant to file a claim for loss of the alleged destroyed property.
6. Due to the foregoing reasons, I do find that it would not be in the interest of justice to forestall the impeding hearing at the lower court. The appeal as it stands was filed out of time and without leave of the court. Therefore the application is hereby dismissed with costs for lack of merits.Orders accordingly.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURT THIS 19TH DAY OF APRIL, 2023In presence of:C/A: John PaulMiss Kinyua for Mwiti for appellantGikunda Anampiu for respondentHON. C.K. NZILIELC JUDGE