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ELCAllowedApplication in Eldama Ravine Chief Magistrate's Court Environment and Land Civil Case No. 20 of 2018 (arising from Nakuru ELC Case No. 488 of 2013)· [2019] KEELC 1985 (KLR)

George Kiplagat Morogo v Joseph Kipkapto Korir & another [2019] KEELC 1985 (KLR)

Environment and Land Court
10 July 2019
MSMunyao Sila
928 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nakuru court paused a later land case because it overlapped with an earlier one, and ordered the applicant to stop building on or occupying the disputed plot meanwhile.

What this practically means

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Executive summary

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The applicant, George Kiplagat Morogo, applied to stay proceedings in Eldama Ravine Chief Magistrate's Court ELC Case No. 20 of 2018, in which Joseph Kipkapto Korir sues him and the County Government of Nakuru for a declaration of ownership of Plot Kipsyenan Trading Centre B/184 and damages for trespass, pending determination of Nakuru ELC Case No. 488 of 2013. The latter suit, filed first in 2013 by five plaintiffs against eight defendants including the applicant, seeks a permanent injunction against the re-demarcation of the parcel Kampi Ya Moto/Kampi Ya Moto Block 6/288, out of which the applicant claims plots 455 and 457. The 1st respondent opposed the application while the 2nd respondent supported it. The court examined the pleadings in both suits and observed uncertainty as to whether the ground of Plot 184 was the same as the plots re-demarcated out of the larger parcel. It nonetheless found that if the plaintiffs failed in the Nakuru suit and the land was re-demarcated afresh, a declaration of ownership of Plot 184 in the Eldama Ravine suit could conflict with the decision in the earlier suit and embarrass the administration of justice. The court accordingly stayed the Eldama Ravine suit, but on condition that the applicant not continue developments on, or occupation of, the plot, which was to remain with Mr. Korir until the Nakuru suit was determined. Costs were not awarded.

Key legal issues

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01

Whether the two suits concern the same subject matter with potential for conflicting decisions

Holding

The court found a potential conflict: if Mr. Korir is declared rightful owner of Plot No. 184 in the Eldama Ravine suit while the Nakuru ELC 488 of 2013 suit fails and the land is re-demarcated, the decisions may conflict and embarrass the administration of justice.

Reasoning

The court examined the pleadings in both suits. Nakuru ELC No. 488 of 2013, filed first, seeks a permanent injunction against re-demarcation of Kampi Ya Moto/Kampi Ya Moto Block 6/288, out of which the applicant claims plots 455 and 457. The Eldama Ravine suit concerns Plot Kipsyenan Trading Centre B/184 and a claim of trespass. The court was not certain the ground was the same, but found that if re-demarcation proceeded, a declaration of ownership in the Eldama Ravine suit could conflict with the outcome of the earlier Nakuru suit, embarrassing the administration of justice.

p. 2

Legal principles established

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  • Where two suits relate to the same subject matter and there is a potential for two conflicting decisions, the later suit may be stayed pending determination of the earlier suit.
  • A stay of proceedings may be granted on terms, including restraining the applicant from developments on or occupation of the disputed property pending determination of the earlier suit.

Court orders

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  1. 1.Proceedings in Eldama Ravine Chief Magistrate's Court ELC Case No. 20 of 2018 stayed pending hearing and determination of Nakuru ELC Case No. 488 of 2013
  2. 2.The applicant (Mr. Morogo) restrained from continuing with any developments on, or occupation of, the plot, which must remain with Mr. Korir as original owner in the first demarcation, until Nakuru ELC No. 488 of 2013 is determined
  3. 3.No orders as to costs
Jurisdiction invoked
Inherent powers of the Environment and Land Court to stay proceedings where suits involve the same subject matter and there is potential for conflicting decisions

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "George Kiplagat Morogo v Joseph Kipkapto Korir & another [2019] KEELC 1985 (KLR)", Case Analysis (2019). Application in Eldama Ravine Chief Magistrate's Court Environment and Land Civil Case No. 20 of 2018 (arising from Nakuru ELC Case No. 488 of 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1985/eng@2019-07-10

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