[2024] KEELC 5896 (KLR)
The court found that since the application for stay of proceedings was unopposed and the appellants had demonstrated entitlement to the order, the principal order sought was meritorious. The court exercised its discretion to grant the stay of proceedings in the lower court pending the determination of the appeal,...
Source-derived case information.
- Citation
- [2024] KEELC 5896 (KLR)
- Parties
- Appellant: Dismas Okello & William Rowa; Appellant: Thomas Joseph Okello & Another; Respondent: Anthony Odongo Ngorome
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E031 of 2024
- Procedural Posture
- Environment and Land Appeal / Ruling on Stay of Proceedings Application
- Outcome
- Application for stay of proceedings allowed with no order as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Stay of Proceedings, Appeals Process, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dismas Okello & William Rowa
Appellant
Thomas Joseph Okello & Another
Appellant
Anthony Odongo Ngorome
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Stay of Proceedings Application
Legal Issues
- 1 Whether the appellants are entitled to a stay of proceedings in the lower court pending determination of the appeal.
Ratio Decidendi
The court found that since the application for stay of proceedings was unopposed and the appellants had demonstrated entitlement to the order, the principal order sought was meritorious. The court exercised its discretion to grant the stay of proceedings in the lower court pending the determination of the appeal, with no order as to costs. The court further directed the appellants to file and serve the record of appeal within the stipulated timeframe, ensuring orderly appellate process and fairness to both parties.
Court Disposition
Application for stay of proceedings allowed with no order as to costs.
Orders
- Stay of proceedings in Mbita Principal Magistrate’s Court Environment and Land Case No. E003 of 2023 granted pending determination of this appeal.
- The appellants' counsel to file and serve the record of appeal on or before 14th November 2024.
Full Case Text
Judgment text and source record
24 paragraphs
Okello & Rowa & another v Ngorome (Environment and Land Appeal E031 of 2024) [2024] KEELC 5896 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEELC 5896 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal E031 of 2024
GMA Ongondo, J
September 17, 2024
Between
Dismas Okello & William Rowa
1st Appellant
Thomas Joseph Okello & Another
2nd Appellant
and
Anthony Odongo Ngorome
Respondent
Ruling
1. By a Notice of Motion dated 3rd July 2024, the appellants/applicants through Quinter Adoyo and Company Advocates, are seeking the principal order of stay of proceedings in Mbita Principal Magistrate’s Court Environment and Land Case No. E003 of 2023 pending the hearing and determination of this appeal.
2. Mr. Jack Otieno instructed by Quinter Adoyo and Company Advocates for the applicant has urged the court to grant the principal order with no order as to costs. That the record of appeal be filed and served within the next 60 days from this date.
3. Mr. Owino learned for the respondent has no opposition to the application having consulted his client to that effect.
4. It is therefore, common baseline that the applicant is entitled to the principal order sought in the application.
5. Accordingly, it is the finding of this court that the principal order is meritorious. The same is hereby allowed with no order as to costs.
6. The applicant’s counsel to file and serve record of appeal on or before 14th November 2024 for mention.
7. It is so ordered.
RULING DELIVERED, DATED AND SIGNED THIS 17TH DAY OF SEPTEMBER 2024. G.M.A ONG’ONDOJUDGE.PRESENT.Mr. Jack Otieno instructed by Quinter Adoyo Learned Counsel for applicant.Mr. Owino Learned Counsel for the Respondent.T. Luanga, Court Assistant.