[2023] KEELC 20766 (KLR)
The court found that the rights and interests of the parties in the suit properties are disputed. In such circumstances, justice requires that neither party should have leverage over the other regarding enjoyment of the property at the interlocutory stage. Granting a stay would tilt the balance in favour of the...
Source-derived case information.
- Citation
- [2023] KEELC 20766 (KLR)
- Parties
- Plaintiff: Joyce Bosibori Somoni; Defendant: Sammy Musili Muangi; Defendant: Agencies Limited; Defendant: Winfred Kanini Mbondo; Defendant: The Chief Land Registrar
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E343 of 2022
- Procedural Posture
- Stay Application / Ruling on Oral Application for Stay Pending Hearing of Substantive Application
- Outcome
- Application for stay dismissed.
- Judges
- LN Mbugua
- Legal Topics
- Interlocutory Injunctions, Stay of Orders, Disputed Land Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Bosibori Somoni
Plaintiff
Sammy Musili Muangi
Defendant
Agencies Limited
Defendant
Winfred Kanini Mbondo
Defendant
The Chief Land Registrar
Defendant
Procedural Posture
Stay Application / Ruling on Oral Application for Stay Pending Hearing of Substantive Application
Legal Issues
- 1 Whether a stay of the court's ruling delivered on July 27, 2023 should be granted pending the hearing and determination of the defendants' application dated August 14, 2023.
- 2 Whether denying the stay would unjustly deprive the defendants of their only source of income at the interlocutory stage.
- 3 Whether the rights and interests of the parties in the suit properties warrant maintaining the status quo.
Ratio Decidendi
The court found that the rights and interests of the parties in the suit properties are disputed. In such circumstances, justice requires that neither party should have leverage over the other regarding enjoyment of the property at the interlocutory stage. Granting a stay would tilt the balance in favour of the defendants, which is not justified when the substantive issues remain unresolved. The court therefore declined to grant a stay of its earlier ruling, emphasizing the need to maintain parity between the parties until the main application is determined.
Court Disposition
Application for stay dismissed.
Orders
- The oral application for stay of the court's ruling of July 27, 2023 is declined.
Full Case Text
Judgment text and source record
26 paragraphs
Somoni v Muangi & 3 others (Environment & Land Case E343 of 2022) [2023] KEELC 20766 (KLR) (12 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20766 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case E343 of 2022
LN Mbugua, J
October 12, 2023
Between
Joyce Bosibori Somoni
Plaintiff
and
Sammy Musili Muangi
1st Defendant
Agencies Limited
2nd Defendant
Winfred Kanini Mbondo
3rd Defendant
The Chief Land Registrar
4th Defendant
Ruling
1. This ruling relates to the application for stay of this courts ruling delivered on July 27, 2023 made by counsel for the defendants (1st – 3rd) pending the hearing and determination of their application dated August 14, 2023.
2. The gist of the oral application is that it would be unjust for the applicants to be denied their income at the interlocutory stage, yet this is their only source of income.
3. A perusal of the defence of the applicants particularly paragraph 6-11 gives a sneak preview. In essence, the rights and interests of the defendants in the suit properties are disputed. That being the case, then and pursuant to the provisions of clause 28 (j) of the practice Directions of 25. 7.2014 gazette notice No. 5178), the court ought to give orders which meets the ends of justice.
4. As at now, justice demands that none of the protagonists should have leverage over the other in so far as enjoyment of the rights and interests in the suit properties are concerned.
5. I therefore decline to grant any stay of the court’s ruling of July 27, 2023.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 12TH DAY OF OCTOBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:Nzakyo for Applicant in Application of 14. 8.2023Nzakyo and Mr. Muthama for 1st – 3rd DefendantsAllan Kamau for the Land Registrar