[2023] KEELC 21847 (KLR)
The court found that the right to appeal is fundamental and that the filing of a notice of appeal is sufficient to deem an appeal as lodged for the purposes of considering a stay of proceedings. The court reasoned that proceeding with the matter while an appeal is pending could result in wasted judicial time if the...
Source-derived case information.
- Citation
- [2023] KEELC 21847 (KLR)
- Parties
- Plaintiff: Amon Muturi; Defendant: Bei International t/a Scorpio Villas; Defendant: Office of the Attorney General; Defendant: Kenya Wildlife Services; Defendant: National Environment Management Authority
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 159 of 2017
- Procedural Posture
- Environment and Land Case / Ruling on Application for Stay of Proceedings Pending Appeal
- Outcome
- Application for stay of proceedings allowed conditionally.
- Judges
- FM Njoroge
- Legal Topics
- Stay of Proceedings, Appeals Process, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amon Muturi
Plaintiff
Bei International t/a Scorpio Villas
Defendant
Office of the Attorney General
Defendant
Kenya Wildlife Services
Defendant
National Environment Management Authority
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether the court should grant a temporary stay of proceedings pending the hearing and determination of the appeal.
- 2 Whether the filing of a notice of appeal is sufficient to justify a stay of proceedings.
- 3 Whether further proceedings would risk judicial time if the appeal is successful.
Ratio Decidendi
The court found that the right to appeal is fundamental and that the filing of a notice of appeal is sufficient to deem an appeal as lodged for the purposes of considering a stay of proceedings. The court reasoned that proceeding with the matter while an appeal is pending could result in wasted judicial time if the appeal is ultimately successful. Given that the application was unopposed and the applicant undertook to prosecute the appeal expeditiously, the court exercised its discretion to grant a conditional stay of proceedings. The stay is subject to the record of appeal being filed and served within 45 days, failing which the stay will lapse and normal proceedings will resume.
Court Disposition
Application for stay of proceedings allowed conditionally.
Orders
- Temporary stay of further proceedings in the suit pending hearing and determination of the appeal.
- The record of appeal must be filed and served within 45 days from the date of the order; otherwise, the stay will lapse and normal proceedings will resume.
Full Case Text
Judgment text and source record
24 paragraphs
Muturi v Bei International t/a Scorpio Villas & 3 others (Environment & Land Case 159 of 2017) [2023] KEELC 21847 (KLR) (30 November 2023) (Ruling)
Neutral citation: [2023] KEELC 21847 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment & Land Case 159 of 2017
FM Njoroge, J
November 30, 2023
Between
Amon Muturi
Plaintiff
and
Bei International t/a Scorpio Villas
1st Defendant
Office of the Attorney General
2nd Defendant
Kenya Wildlife Services
3rd Defendant
National Environment Management Authority
4th Defendant
Ruling
1. This is a ruling on the motion dated 3/10/2023 filed on 4/10/23 by Lucy Wangari Mwangi & Co. on behalf of the 1st defendant. The application seeks orders that:1. ……..Spent.2. This Honourable Court be pleased to temporarily stay further proceedings in this suit pending the hearing and determination of this application;
3. This honourable court be pleased to stay further proceedings in this suit pending the hearing and determination of the Appeal;
4. Costs of this application be provided for.2. The application arises from the ruling of this court that made a finding that it is not satisfied that the proposed amendments would facilitate the determination of the real questions in controversy in the suit.3. The application is unopposed. The applicant has undertaken to prosecute the appeal expeditiously and update this court on the progress thereof.4. I have considered that it is the inalienable right of a party to challenge any order from which an appeal is provided for and with which they may be dissatisfied with by way of an appeal. I note that a notice of appeal has been filed in this case and I am satisfied that for the purposes of the instant application an appeal is deemed to be have been lodged. If more proceedings are undertaken in this matter there may be a risk that judicial time may be wasted in the event the appeal is prosecuted and it is allowed.5. Consequently, I allow the application dated 3/10/2023 on condition that the record of appeal shall be filed and served within 45 days from the date of this order in default of which the orders herein shall lapse and normal proceedings herein shall resume.
DATED, SIGNED AND DELIVERED AT MALINDI ON THIS 30TH DAY OF NOVEMBER 2023. MWANGI NJOROGEJUDGE, ELC MALINDI.