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ELCDismissedNot stated in judgment (Meru ELC suit)· [2019] KEELC 308 (KLR)

Jackson Lukali Igweta v David Mwenda Maingi & 2 others [2019] KEELC 308 (KLR)

Environment and Land Court
4 December 2019
1,653 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Meru (Hon. Lucy N. Mbugua, ELC Judge) determined two applications: the plaintiff's application dated 1.4.2019 seeking a stay of all proceedings in Tigania PM ELC No. 90 of 2014 pending determination of this suit, and the 1st defendant's application dated 13.5.2019 seeking dismissal of this suit on the ground that a substantially similar suit was pending before the Tigania PM's court. The court found it undisputed that the parties and subject matter in this suit were the same as in the Tigania matter, which began as Meru HCCC No. 150 of 2011 and was transferred to Tigania in 2014. The plaintiff admitted the Tigania court's jurisdiction and that he had a counterclaim there. The plaintiff had earlier sought a stay before the Tigania court, which was dismissed on 21.3.2019, and he did not appeal, instead filing this suit. Applying section 6 of the Civil Procedure Act, the overriding objective (sections 1A and 1B), and Article 159(2)(b) of the Constitution on expeditious delivery of justice, the court held that the parallel suit was an abuse of the court process. Quoting Halsbury's Laws of England, it reiterated that a stay of proceedings should be exercised sparingly and only in exceptional cases. The court dismissed the suit and the plaintiff's application with costs to the 1st defendant, and directed that the Tigania matter proceed to its logical conclusion.

Key legal issues

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01

Whether the suit was sub judice and an abuse of the court process

Holding

The suit was dismissed as an abuse of process; the same parties and subject matter were before the Tigania PM's court, which had jurisdiction, and the plaintiff gave no plausible reason for filing the second suit.

Reasoning

The court found it undisputed that the parties and subject matter in this suit mirrored Tigania PM ELC No. 90 of 2014, originally Meru HCCC No. 150 of 2011 and transferred to Tigania in 2014. The plaintiff admitted the Tigania court's jurisdiction and that he had a counterclaim there. Filing this suit six years later, after failing to obtain a stay in the lower court without appealing, contravened section 6 of the Civil Procedure Act and the overriding objective.

p. 2
02

Whether a stay of the Tigania proceedings ought to issue

Holding

Stay was refused; such a power is exercised sparingly and only in exceptional cases, and the applicant must show the other proceedings could not possibly succeed.

Reasoning

Quoting Halsbury's Laws of England (4th Ed., Vol. 37), the court held that a stay of proceedings is a serious interruption of a party's right to litigate to trial and should only be granted where proceedings are frivolous, vexatious or manifestly groundless. The plaintiff could not meet that threshold; he had submitted himself to the Tigania court's jurisdiction for over 8 years and offered no plausible reason for the parallel suit.

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03

Whether the expeditious administration of justice (Article 159(2)(b)) barred the stay

Holding

Yes; the court has a constitutional duty to administer justice expeditiously and would not allow an 8-year-old matter to be stalled.

Reasoning

The court invoked Article 159(2)(b) of the Constitution, codifying the maxim 'justice delayed is justice denied'. The Tigania matter had been in court since 2011, over 8 years. Delaying it to allow the later-filed parallel suit would violate the expeditious delivery of justice and the parties' rights. The plaintiff and his advocate had also failed their duty under sections 1A(3) and 1B of the Civil Procedure Act to further the overriding objective.

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Legal principles established

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  • Stay of proceedings is a power to be exercised sparingly and only in exceptional cases
  • Where a lower court is duly vested with jurisdiction, parallel higher-tier proceedings on the same subject matter will not be entertained and parties must litigate through available platforms of litigation
  • Filing parallel proceedings over the same parties and subject matter contravenes section 6 of the Civil Procedure Act and constitutes an abuse of court process

Court orders

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  1. 1.This suit and the application dated 1.4.2019 are dismissed with costs to the 1st defendant
  2. 2.The Tigania matter (Tigania PM ELC No. 90 of 2014) should proceed to its logical conclusion

Authorities

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Legislation

  • Civil Procedure Actsection 1A(3)
  • Civil Procedure Actsection 1B
  • Civil Procedure Actsection 6
  • Constitution of KenyaArticle 159(2)(b)

Cases cited (2)

  • Alice Mweru Ngai vs Kenya Power & Lighting Co. Ltd
    HCCC 287 of 2014 Kerugoya
  • Supreme Court Constitutional Application No. 2 of 2011
Jurisdiction invoked
Article 159(2)(b) of the Constitution of Kenya (cited in reasoning); Environment and Land Court original jurisdiction over the land dispute

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Jackson Lukali Igweta v David Mwenda Maingi & 2 others [2019] KEELC 308 (KLR)", Case Analysis (2019). Not stated in judgment (Meru ELC suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/308/eng@2019-12-04

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.