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ELCPartially AllowedNot stated in the judgment (Memorandum of Appeal arising from Kitale CMC Land Case No. 47 of 2019)· [2021] KEELC 2205 (KLR)

Paul Amisi Sagara v Joel Wafula [2021] KEELC 2205 (KLR)

Environment and Land Court
5 August 2021
MNMwangi Njoroge
1,147 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court at Kitale paused two land cases while an appeal is decided, but refused to consolidate them at that stage.

What this practically means

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Executive summary

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The appellant, Paul Amisi Sagara, moved the Environment and Land Court at Kitale by a Notice of Motion dated 29 June 2021 under Sections 3, 3A and 6 of the Civil Procedure Act and Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules, seeking a stay of proceedings in two parallel suits in the Chief Magistrate's Court at Kitale - Land Case No. 47 of 2019 and Land Case No. 63 of 2018, both between the appellant and Joel Wafula - pending the hearing and determination of his appeal against the striking out of Joel Wafula's name in Case No. 47 of 2019. He further sought consolidation of both suits before another court upon success of the appeal. The respondent opposed, arguing the appeal had little chance of success, no substantial loss was shown, there had been delay, and that a similar stay application had already been dismissed in Case No. 63 of 2018. The court framed one issue: whether proceedings in both suits should be stayed pending appeal. It held that while the striking out of Joel Wafula was pertinent, any proceedings in the two suits during the pendency of the appeal could waste judicial time if the appeal succeeded. The court allowed the application in terms of Prayer No. 2, staying proceedings in both suits, but dismissed Prayer No. 3 on consolidation as premature, to be dealt with first by the lower court. Costs were made costs in the appeal.

Key legal issues

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01

Whether proceedings in two parallel lower-court suits should be stayed pending appeal

Holding

Stay of proceedings granted because any proceedings in the two suits during the pendency of the appeal may waste judicial time and resources if the appeal succeeds

Reasoning

The court noted that the striking out of Joel Wafula from one suit was a pertinent issue and that the parallel suits created inadvertence. While the respondent blamed the applicant for failing to consolidate the suits, the court held that proceeding in the suits during the pendency of the appeal could render matters nugatory if the appeal succeeded. It therefore granted prayer 2 only, leaving consolidation for the lower court.

p. 2

Legal principles established

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  • Every litigant has the right to lodge an appeal where dissatisfied with a decision of the court

Court orders

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  1. 1.Stay of proceedings in Kitale Chief Magistrates Land Case No. 47 of 2019 and Land Case No. 63 of 2018 pending the hearing and determination of the appeal (granted in terms of Prayer No. 2)
  2. 2.Prayer No. 3 (consolidation of the two cases) dismissed as premature
  3. 3.Costs of the application to be costs in the appeal

Authorities

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Legislation

  • Civil Procedure ActSection 3
  • Civil Procedure ActSection 3A
  • Civil Procedure ActSection 6
  • Civil Procedure RulesOrder 42 Rule 6
  • Civil Procedure RulesOrder 51 Rule 1
On appeal from
Chief Magistrate's Court, Kitale
Land Case No. 47 of 2019 (related: Kitale CMC Land Case No. 63 of 2018)
Jurisdiction invoked
Appellate jurisdiction of the Environment and Land Court over appeals from subordinate courts, with the application brought under Sections 3, 3A and 6 of the Civil Procedure Act and Order 42 Rule 6, Order 51 Rule 1 of the Civil Procedure Rules

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, "Paul Amisi Sagara v Joel Wafula [2021] KEELC 2205 (KLR)", Case Analysis (2021). Not stated in the judgment (Memorandum of Appeal arising from Kitale CMC Land Case No. 47 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2205/eng@2021-08-05

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