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ELCDismissedELC No. 762 of 2017· [2022] KEELC 2809 (KLR)

Maisha Mabati Mills Limited v Farm Auto Spares Limited (Civil Suit 762 of 2017) [2022] KEELC 2809 (KLR)

Environment and Land Court
19 May 2022
MOMogeni
1,364 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court refused to pause a concluded land case pending appeal, ruling there was nothing left to stay and the request had already been decided.

What this practically means

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Executive summary

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This was a ruling on the plaintiff's Notice of Motion dated 26/04/2022 seeking a stay of proceedings in ELC No. 762 of 2017 pending the hearing and determination of an intended appeal to the Court of Appeal against the ruling of J. Mogeni J delivered on 16/03/2022. The applicant contended that the ruling of 16/03/2022 was detrimental to his case, infringed his right to a fair trial under Article 50(1) of the Constitution, and that the intended appeal would be rendered nugatory if a stay was not granted. He cited authorities on the principles governing stays of proceedings. The defendant opposed through grounds of opposition dated 04/05/2022, arguing the application was res judicata since a similar oral application had been made and declined on 16/03/2022, and that prejudice would be occasioned if proceedings were stayed. The court distilled three principles from Global Tours & Travels: a prima facie arguable case, expedition, and sufficient cause shown in the interest of justice. It found the application was filed timeously, but held that the hearing had concluded on 03/03/2022 with judgment pending, so there were no further proceedings to stay and staying them would be an action in vain. The court also held the application stood already adjudged as similar to the declined oral application of 16/03/2022, applied the stringent test from Kenya Wildlife Service v James Mutembei, and dismissed the motion with costs to the defendant.

Key legal issues

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01

Whether a stay of proceedings should be granted pending an intended appeal against the ruling of 16/03/2022

Holding

The application was dismissed. The hearing had concluded with judgment pending, so there were no further proceedings to stay; the application was timeously filed but the applicant failed to demonstrate sufficient cause that a stay was in the interest of justice.

Reasoning

The court adopted the principles from Global Tours & Travels (prima facie arguable case, expedition, sufficient cause/interest of justice) and the stringent test in Kenya Wildlife Service v James Mutembei. The hearing had concluded on 03/03/2022 and judgment was awaiting delivery, so staying proceedings would be an action in vain. The application also duplicated an oral application for stay declined on 16/03/2022 and stood already adjudged.

p. 3
02

Whether the application was barred as res judicata by the oral application for stay declined on 16/03/2022

Holding

The court held the application stood already adjudged as far as stay of proceedings was concerned, since it was similar to the oral application made on 16/03/2022.

Reasoning

The defendant argued res judicata. The court, invoking its earlier ruling and Section 3A, took the view that the issue of stay of proceedings had already been determined on 16/03/2022 and that the applicant had not established sufficient cause for a different outcome.

p. 3

Legal principles established

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  • Whether to grant a stay of proceedings is a matter of judicial discretion exercised in the interest of justice, weighing the need for expeditious disposal, arguability of the intended appeal, judicial time and expedition of the application
  • Stay of proceedings is a grave judicial action that interferes with a litigant's right to conduct litigation, and the test is high and stringent
  • An application for stay of proceedings cannot be entertained where the hearing has concluded and there are no further proceedings to stay
  • A matter already adjudged, including a similar oral application previously declined, cannot be re-litigated

Court orders

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  1. 1.The Applicant's Notice of Motion dated 26/04/2022 is dismissed with costs to the defendant

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 50(1)
  • Civil Procedure ActSection 6
  • Civil Procedure ActSection 3A

Cases cited (8)

  • George Oduori Otieno vs African Trade Insurance Agency & Another
    [2020] eKLR
  • Global Tours & Tours Travel Limited, Nairobi HC Winding Up Cause No. 43 of 2000
  • Francis Njakwe Githiari & Another vs Daniel Toroitich Arap Moi t/a Moi Education Centre
    [2006] eKLR
  • Mary Odongo Omollo & Another vs Hellen Auma Ojuok
    [2021] eKLR
  • Kenya Wildlife Service vs James Mutembei
    [2019] eKLR
  • Parkire Stephen Munkasio & 14 Others (suing on their own behalf and behalf of their families and the members of the Maasai Community living on land reference number 8396 (I.R 11977) situated in Kedong vs Kedong Ranch Limited & 8 Others
    [2015] eKLR
  • Kenya Power & Lighting Co. Ltd vs. Esther Wanjiru Wokebii Civil Appeal No. 326 of 2013
    (2014) eKLR
  • Christopher Ndolo Mutuku & Another vs. CFC Stanbic Bank Ltd
    (2015) eKLR
Jurisdiction invoked
Sections 3A and 6 of the Civil Procedure Act; inherent power of the court over its own pending proceedings

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, "Maisha Mabati Mills Limited v Farm Auto Spares Limited (Civil Suit 762 of 2017) [2022] KEELC 2809 (KLR)", Case Analysis (2022). ELC No. 762 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2809/eng@2022-05-19

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