[2019] KEELC 306 (KLR)
The court found that the applicant had not complied with the court's orders issued on 2nd October 2019. As a result, the stay orders previously granted had lapsed. The court held that non-compliance with its orders disentitles a party from further discretionary relief, such as a stay of proceedings. Consequently,...
Source-derived case information.
- Citation
- [2019] KEELC 306 (KLR)
- Parties
- Plaintiff: Zakira Kiruki; Defendant: Shadrack Mwiti; Defendant: Janet Maringa M’Ikiara; Defendant: Evangeline Nkirote M’Ikiara
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 6A of 2011
- Procedural Posture
- Stay Application / Interim Ruling on Application for Stay Pending Delivery of Ruling
- Outcome
- Application for stay declined.
- Legal Topics
- Stay of Execution, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zakira Kiruki
Plaintiff
Shadrack Mwiti
Defendant
Janet Maringa M’Ikiara
Defendant
Evangeline Nkirote M’Ikiara
Defendant
Procedural Posture
Stay Application / Interim Ruling on Application for Stay Pending Delivery of Ruling
Legal Issues
- 1 Whether the applicant is entitled to a stay of proceedings pending delivery of the ruling.
- 2 Whether non-compliance with previous court orders affects entitlement to stay.
Ratio Decidendi
The court found that the applicant had not complied with the court's orders issued on 2nd October 2019. As a result, the stay orders previously granted had lapsed. The court held that non-compliance with its orders disentitles a party from further discretionary relief, such as a stay of proceedings. Consequently, the application for stay was declined at this stage.
Court Disposition
Application for stay declined.
Orders
- No orders granted at this stage.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC CASE NO. 6A OF 2011
ZAKIRA KIRUKI...........................................................................PLAINTIFF
VERSUS
SHADRACK MWITI............................................................1ST DEFENDANT
JANET MARINGA M’IKIARA.........................................2ND DEFENDANT
EVANGELINE NKIROTE M’IKIARA.............................3RD DEFENDANT
INTERIM RULING
The applicant has urged this court to grant a STAYpending the delivery of the ruling. It is quite apparent that the applicant has not complied with the courts orders of 2. 10. 2019 hence the stay orders have lapsed. I decline to grant any orders at this stage.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 4TH DECEMBER, 2019 IN THE PRESENCE OF:-
C/A: Kananu
Murithi J. holding brief for E.J Mangi for defendants/respondents
Ndubi holding brief for Riungu for plaintiff/applicant
Plaintiff 1st and 2nd defendants
HON. LUCY. N. MBUGUA
ELC JUDGE