[2024] KEELC 4101 (KLR)
The court found that since execution of the decree was already underway and judgment had been delivered four months prior, any further delay in determining the application for stay would render the process academic. The applicants had not acted with promptness, but in the interests of justice and to avoid rendering...
Source-derived case information.
- Citation
- [2024] KEELC 4101 (KLR)
- Parties
- Plaintiff: Grace Nduta; Plaintiff: Agnes Wanjiku; Plaintiff: Lucy Wambui; Plaintiff: Ngando Harambee Women Group; Defendant: Hannah Nduta Mukabi; Defendant: Eliud Mbuthi Kamau
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1285 of 2015
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Judgment Pending Appeal
- Outcome
- Application for stay of judgment allowed with conditions.
- Judges
- LN Mbugua
- Legal Topics
- Stay of Execution, Judgment Enforcement, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Nduta
Plaintiff
Agnes Wanjiku
Plaintiff
Lucy Wambui
Plaintiff
Ngando Harambee Women Group
Plaintiff
Hannah Nduta Mukabi
Defendant
Eliud Mbuthi Kamau
Defendant
Procedural Posture
Stay Application / Ruling on Application for Stay of Judgment Pending Appeal
Legal Issues
- 1 Whether to grant a stay of execution of the judgment pending appeal.
- 2 Whether the application for stay is merited given the lapse of time since judgment.
- 3 Whether the prosecution of the application would be rendered academic if not determined promptly.
Ratio Decidendi
The court found that since execution of the decree was already underway and judgment had been delivered four months prior, any further delay in determining the application for stay would render the process academic. The applicants had not acted with promptness, but in the interests of justice and to avoid rendering the appeal nugatory, the court granted a stay of judgment for 60 days from the date of the ruling. The applicants were ordered to pay the costs of the application, and the file was marked as closed.
Court Disposition
Application for stay of judgment allowed with conditions.
Orders
- A stay of the judgment is granted for 60 days from May 15, 2024.
- Applicants to pay costs of the application.
Full Case Text
Judgment text and source record
40 paragraphs
Nduta & 2 others (Suing in Their Capacity as Officials of Ngando Harambee Women Group) v Mukabi & another (Environment & Land Case 1285 of 2015 & 327 of 2017 (Consolidated)) [2024] KEELC 4101 (KLR) (15 May 2024) (Ruling)
Neutral citation: [2024] KEELC 4101 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 1285 of 2015 & 327 of 2017 (Consolidated)
LN Mbugua, J
May 15, 2024
Between
Grace Nduta
1st Plaintiff
Agnes Wanjiku
2nd Plaintiff
Lucy Wambui
3rd Plaintiff
Suing in Their Capacity as Officials of Ngando Harambee Women Group
and
Hannah Nduta Mukabi
1st Defendant
Eliud Mbuthi Kamau
2nd Defendant
As consolidated with
Environment & Land Case 327 of 2017
Between
Grace Nduta
1st Plaintiff
Agnes Wanjiku
2nd Plaintiff
Lucy Wambui
3rd Plaintiff
Suing in Their Capacity as Officials of Ngando Harambee Women Group
and
Hannah Nduta Mukabi
1st Defendant
Eliud Mbuthi Kamau
2nd Defendant
Ruling
1. I have perused the application dated 5. 4.2024 as well as the Replying Affidavit dated 14. 5.2024. A reading of paragraph 7 of the said Replying Affidavit indicates that execution of the decree is underway. If this court was to give directions for the prosecution of the application through written submissions and or if a ruling thereof is deffered, the ultimate decision may turn out to be on academic exercise.
2. I have also considered that judgment was delivered way back in January 2024, thus the applicants have had about 4 months to pursue their appeal.
3. Having regard to the circumstances of this case, I hereby allow the application dated 5. 4.2024 in the following terms;1. I grant a stay of the judgment for 60 days from today.2. The Applicants are condemned to pay costs of the application.3. The file is marked as closed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 15TH DAY OF MAY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Kiprono for DefendantsNjuguna holding brief for Ngura Kamau for PlaintiffsCourt assistant: Eddel