[2017] KEELC 84 (KLR)
The court declined to grant a stay of proceedings because only a notice of appeal had been filed and no stay order had been issued by the appellate court. The court emphasized its constitutional duty to ensure justice is not delayed, especially given the protracted history of the case dating back to 1995 and even...
Source-derived case information.
- Citation
- [2017] KEELC 84 (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
- Environment & Land Case 202 of 1995
- Procedural Posture
- Civil Suit / Ruling on Application for Stay of Proceedings
- Outcome
- Application for stay of proceedings dismissed.
- Legal Topics
- Stay of Proceedings, Appeals, Admissibility of Evidence
- 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
Ntaragwi M’Ikara
Plaintiff
Jackson Munyua Mutuera
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Stay of Proceedings
Legal Issues
- 1 Whether the court should grant a stay of proceedings pending appeal.
- 2 Whether mere filing of a notice of appeal is sufficient to warrant a stay of proceedings.
- 3 Whether the delay in litigation justifies refusal of stay.
Ratio Decidendi
The court declined to grant a stay of proceedings because only a notice of appeal had been filed and no stay order had been issued by the appellate court. The court emphasized its constitutional duty to ensure justice is not delayed, especially given the protracted history of the case dating back to 1995 and even earlier. 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 dismissed.
Orders
- Application for stay of proceedings is declined.
- The matter to be heard on a priority basis.
Full Case Text
Judgment text and source record
19 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