[2017] KEELC 163 (KLR)
The court declined to grant a stay of proceedings because the plaintiff had only filed a Notice of Appeal without obtaining a stay order from the appellate court. The court emphasized its constitutional duty to ensure that justice is not delayed, especially given the protracted history of the dispute dating back to...
Source-derived case information.
- Citation
- [2017] KEELC 163 (KLR)
- Parties
- Plaintiff: Ntaragwi M’Ikara; Defendant: Jackson Munyua Mutuera
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- ? 202 of 1995
- Procedural Posture
- Civil Suit / Application for Stay of Proceedings Pending Appeal
- Outcome
- Application for stay of proceedings declined.
- Legal Topics
- Stay of Proceedings, Appeal Process, Admissibility of Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ntaragwi M’Ikara
Plaintiff
Jackson Munyua Mutuera
Defendant
Procedural Posture
Civil Suit / Application for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether the court should grant a stay of proceedings pending appeal against a ruling barring the plaintiff from producing certain documents.
- 2 Whether the absence of a stay order from the appellate court justifies continuation of proceedings.
Ratio Decidendi
The court declined to grant a stay of proceedings because the plaintiff had only filed a Notice of Appeal without obtaining a stay order from the appellate court. The court emphasized its constitutional duty to ensure that justice is not delayed, especially given the protracted history of the dispute dating back to the 1970s and the fact that the suit was filed in 1995. Allowing further delay would contravene Article 159(2)(b) of the Constitution, which mandates that justice shall not be delayed. Therefore, in the absence of a formal stay order, the proceedings must continue and the matter should be prioritized for hearing.
Court Disposition
Application for stay of proceedings declined.
Orders
- Application for stay of proceedings is declined.
- The matter shall be heard on a priority basis.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
CIVIL SUIT NO. 202 OF 1995
NTARAGWI M’IKARA........................................PLAINTIFF
VERSUS
JACKSON MUNYUA MUTUERA...................DEFENDANT
R U L I N G
When this matter came up for hearing on 09:10:17, Plaintiff’s Counsel prayed for a stay of further proceedings herein averring that plaintiff had appealed on this Court’s ruling whereby the Court had barred Plaintiff from producing some documents.
This prayer (for stay of proceedings) was objected upon by defence Counsel who stated that only a Notice of Appeal has been filed despite the fact that the Ruling was delivered way back on 08:05:17.
I have perused the file and I find that this is a 1995 matter. However, the dispute itself appears to have been there even in the 1970’s.
Pursuant to provisions of article 159 2 (b) “Justice shall not be delayed”. Already this matter has been in the litigation arena for a long time. This Court will not be upholding its Constitutional mandate if it was to allow the proceedings to stall.
In absence of any stay order from the appeal Court, I decline to allow the application.
I direct that the matter be heard on priority basis.
DELIVERED, SIGNED AND DATED AT MERU THIS 18TH DAY OF OCTOBER, 2017 IN THE PRESENCE OF:-
CA: Janet
Kaimba for defendant present
Anampiu Ayub H/B for Kioga for Plaintiff present
Hon. L.N MBUGUA
ELC JUDGE