[2025] KEHC 5385 (KLR)
The court found that the applicants had not demonstrated sufficient grounds to warrant the exercise of its discretion to stay the proceedings in the lower court. The applicants were not direct parties to the declaratory suit and had unsuccessfully sought to be enjoined. The court emphasized the importance of...
Source-derived case information.
- Citation
- [2025] KEHC 5385 (KLR)
- Parties
- Appellant: Eric Maina Nyabando; Appellant: Anthony Makori Nyamochenga; Respondent: CIC Insurance Co. Limited; Respondent: New Mega (Africa) Limited
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E011 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Proceedings Pending Appeal
- Outcome
- application dismissed
- Judges
- SM Mohochi
- Legal Topics
- Stay of Proceedings, Discretionary Jurisdiction, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eric Maina Nyabando
Appellant
Anthony Makori Nyamochenga
Appellant
CIC Insurance Co. Limited
Respondent
New Mega (Africa) Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether the court should grant a stay of proceedings in Nakuru C. M’s Court Civil Suit No. E242 of 2023 pending the determination of the appeal.
- 2 Whether the applicants have demonstrated sufficient grounds to warrant the exercise of the court's discretion in their favour.
- 3 Whether the applicants' right to participate in the declaratory suit outweighs the plaintiffs' right to access justice.
Ratio Decidendi
The court found that the applicants had not demonstrated sufficient grounds to warrant the exercise of its discretion to stay the proceedings in the lower court. The applicants were not direct parties to the declaratory suit and had unsuccessfully sought to be enjoined. The court emphasized the importance of expeditious hearing and disposal of matters, and held that the plaintiffs' right to access justice should not be delayed at the behest of a third party with no direct role in the transaction. The court was not persuaded that the appeal was arguable and concluded that there was no need to stay the proceedings in the lower court. Accordingly, the application for stay was dismissed.
Court Disposition
application dismissed
Orders
- The application dated 1st March, 2024 is dismissed.
- Costs to the respondents to be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
Nyabando & another (Administrators of the Estate of Brian Nyabando Makori - Deceased) v CIC Insurance Co Limited & another (Civil Appeal E011 of 2023) [2025] KEHC 5385 (KLR) (29 April 2025) (Ruling)
Neutral citation: [2025] KEHC 5385 (KLR)
Republic of Kenya
In the High Court at Nakuru
Civil Appeal E011 of 2023
SM Mohochi, J
April 29, 2025
Between
Eric Maina Nyabando
1st Appellant
Anthony Makori Nyamochenga
2nd Appellant
Administrators of the Estate of Brian Nyabando Makori - Deceased
and
CIC Insurance Co. Limited
1st Respondent
New Mega (Africa) Limited
2nd Respondent
Ruling
1. I have considered the application for stay of proceedings in Nakuru C. M’s Court Civil Suit No. E242 of 2023 pending hearing and determination of the appeal herein.
2. I have considered the 1st Respondent’s response and written submissions and I am persuaded to find that:i.The Applicants sought my discretionary jurisdiction.ii.This Court in exercise of its discretion has to weigh the pros and cons of stopping the declaratory suit to which the Applicants had unsuccessfully sought to be enjoined.iii.There is need for expedite hearing and disposal of all matters and the declaratory suits are principally for the participation of the insured.iv.Stay of proceedings is a grave judicial matter and in this instance the Plaintiffs’ right to access justice cannot be delayed at the behest of a 3rd party with no direct rule in the transaction.v.I am unpersuaded as to whether the appeal is arguable.vi.In balancing the right of the parties I am inclined to find in favour of hearing this substantive appeal in an expedite fashion without any need to stay the proceedings in the lower court.vii.There is a record of appeal dated 20th May, 2024 and the parties may take directions on the disposal of the application.viii.I am constrained to award the costs to the Respondents to be in the cause.
3. It is apparent that the Applicants have an active suit for compensation in Nakuru CMCC No. E914 of 2022 of which no stay of proceedings has been sought.
4. This Court finds the application dated 1st March, 2024 to be devoid of merit and the same is dismissed.
RULING READ, SIGNED AND DELIVERED AT NAKURU THIS 29TH DAY OF APRIL, 2025________________MOHOCHI. S. M.JUDGE