[2024] KEELC 5902 (KLR)
The court found that the application for stay of proceedings was essentially spent because a stay of execution had already been granted in a previous ruling. The stay of execution order effectively halted all further processes, including taxation of costs, that could lead to execution of the decree. As such, there...
Source-derived case information.
- Citation
- [2024] KEELC 5902 (KLR)
- Parties
- Plaintiff: Judith Kwamboka Nyangena; Defendant: Isaac Njuhigu Wanjohi; Defendant: Zipporah Wangari Wanjohi; Defendant: Sarah Mutua; Defendant: Land Registrar Nakuru County
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 253B of 2015
- Procedural Posture
- Stay Application / Ruling on Notice of Motion for Stay of Proceedings
- Outcome
- application dismissed with costs
- Judges
- MAO Odeny
- Legal Topics
- Stay of Execution, Stay of Proceedings, Taxation of Costs, Appeals Process
- 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
Judith Kwamboka Nyangena
Plaintiff
Isaac Njuhigu Wanjohi
Defendant
Zipporah Wangari Wanjohi
Defendant
Sarah Mutua
Defendant
Land Registrar Nakuru County
Defendant
Procedural Posture
Stay Application / Ruling on Notice of Motion for Stay of Proceedings
Legal Issues
- 1 Whether the court should grant a stay of proceedings including taxation of costs pending determination of an appeal.
- 2 Whether the previous order for stay of execution covers the current application for stay of proceedings.
Ratio Decidendi
The court found that the application for stay of proceedings was essentially spent because a stay of execution had already been granted in a previous ruling. The stay of execution order effectively halted all further processes, including taxation of costs, that could lead to execution of the decree. As such, there was no need to grant a further stay of proceedings, and the application was dismissed with costs to the respondents.
Court Disposition
application dismissed with costs
Orders
- The application dated 28th July 2023 is dismissed with costs.
Full Case Text
Judgment text and source record
26 paragraphs
Nyangena v Wanjohi & 3 others (Environment & Land Case 253B of 2015) [2024] KEELC 5902 (KLR) (18 September 2024) (Ruling)
Neutral citation: [2024] KEELC 5902 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case 253B of 2015
MAO Odeny, J
September 18, 2024
Between
Judith Kwamboka Nyangena
Plaintiff
and
Isaac Njuhigu Wanjohi
1st Defendant
Zipporah Wangari Wanjohi
2nd Defendant
Sarah Mutua
3rd Defendant
Land Registrar Nakuru County
4th Defendant
Ruling
1. This ruling is in respect of a Notice of Motion dated 28th July, 2023 by the applicant seeking the following orders:a.Spent.b.Spent.c.The Honourable court be pleased to make an order that all proceedings in respect of the instant matter including taxation of party and party bill costs dated 12th day of July, 2023 stated for 3rd day of August, 2023 be stayed pending the hearing and determination of ELCA No. E032 of 2023. d.Costs of the instant notice of motion do abide the cause.
2. The court notes that the Applicant filed a Notice of Motion dated 1st February 2023 seeking the following orders:a.Spentb.That this Honourable Court be pleased to grant stay of execution of the Judgment delivered on 19th January 2023 and decree pending inter partes hearing and determination of this application.c.That this Honourable Court be pleased to grant stay of execution of the Judgment delivered on 19th January 2023 and decree pending the hearing and determination of the intended appeal preferred therefrom.d.That costs of this application be provided for.
3. This application was heard and determined vide a ruling dated 23rd February 2023 where the court allowed the application as prayed with an order that the Applicant files the record of appeal within 30 days failure to which the stay lapses.
4. The applicant has now filed the current application for stay of proceedings which essentially is spent as when a court grants a stay of execution, it stops any further processes that may lead to execution of the decree including taxation.
5. From the foregoing. I will not belabor dealing with the principles of stay of proceedings as an order of stay of execution had already been granted by this court. The upshot is that the application is dismissed with costs.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 18TH DAY OF SEPTEMBER 2024. M. A. ODENYJUDGE