[2024] KEELC 3885 (KLR)
The court held that the application for stay of proceedings was prematurely brought before the Environment and Land Court because the proper forum to first consider such an application is the court where the proceedings sought to be stayed are pending. The applicant failed to attend court to justify why the stay...
Source-derived case information.
- Citation
- [2024] KEELC 3885 (KLR)
- Parties
- Applicant: Peter Njuguna Warari; Respondent: Margaret Nyambura Njoroge
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E010 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Stay of Proceedings
- Outcome
- application struck out as prematurely instituted
- Judges
- BM Eboso
- Legal Topics
- Stay of Proceedings, Jurisdiction of Court, Succession Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Njuguna Warari
Applicant
Margaret Nyambura Njoroge
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay of Proceedings
Legal Issues
- 1 Whether the Environment and Land Court is the proper forum to entertain an application for stay of proceedings pending before a lower court.
- 2 Whether the application for stay was prematurely brought before the Environment and Land Court.
Ratio Decidendi
The court held that the application for stay of proceedings was prematurely brought before the Environment and Land Court because the proper forum to first consider such an application is the court where the proceedings sought to be stayed are pending. The applicant failed to attend court to justify why the stay should not be sought in the lower court first. The Environment and Land Court indicated its availability to exercise appellate jurisdiction if the lower court fails to grant the stay or if it is otherwise appropriate. Accordingly, the suit was struck out as prematurely instituted, with no order as to costs.
Court Disposition
application struck out as prematurely instituted
Orders
- The suit is struck out.
- No order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Warari v Njoroge (Miscellaneous Application E010 of 2024) [2024] KEELC 3885 (KLR) (26 March 2024) (Ruling)
Neutral citation: [2024] KEELC 3885 (KLR)
Republic of Kenya
In the Environment and Land Court at Thika
Miscellaneous Application E010 of 2024
BM Eboso, J
March 26, 2024
Between
Peter Njuguna Warari
Applicant
and
Margaret Nyambura Njoroge
Respondent
Ruling
1. Through this Miscellaneous Application, Peter Njuguna Warari [the applicant] seeks an order staying Kiambu CMC E & L Case No 58 of 2022 pending hearing and disposal of Kiambu CMC Succession Cause No 120 of 2012. On 21/3/2024, the court directed the applicant to serve the application and attend the court today to address it on why the plea for stay should not first be prosecuted in the court seized of the proceedings that are sought to be stayed. The applicant has not attended court to address it on the above question.
2. Consequently, it is the view of the court that the proper forum where to first ventilate the plea for stay is the court seized of the proceedings sought to be stayed. In the circumstances, it is the finding of this court that this suit was brought before this court prematurely. This court is available to exercise appellate jurisdiction should the lower court fail to grant the stay order or deem it appropriate to grant the stay.
3. I will, for the above reasons, strike out this suit with no order as to costs.
4. Orders accordingly.
DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA ON THIS 26TH DAY OF MARCH 2024B M EBOSOJUDGECourt Assistant: Hinga