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ELCAllowedNot stated in the judgment· [2022] KEELC 2933 (KLR)

Manyara & another v County Government of Marsabit & 2 others (Environment & Land Case 017 of 2021) [2022] KEELC 2933 (KLR)

Environment and Land Court of Kenya
16 May 2022
1,095 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court paused a land dispute because a related succession case must first decide who rightfully owns the property.

What this practically means

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Executive summary

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This was an application dated 17 June 2021 seeking a stay of further proceedings in a suit concerning Plot Number 11969/8 Marsabit Township, pending the hearing and determination of Meru High Court Succession Case No. 96 of 1993. The applicants, through the affidavit of Jane Mwendwa Kimathi, argued that the suit plot forms part of the estate in the Meru Succession Cause, that the plaintiffs are bonafide owners by virtue of a certificate of confirmation of grant issued in that cause, and that the grant was revoked on 10 March 2021, reverting the subject matter to the deceased. They relied on Global Tours & Travels Limited and Josephat Kinyua Kajui v Stephen Kanyara M'Impwi, urging that the interest of justice predominates and that parallel proceedings should not exist. The 1st respondent, the County Government of Marsabit, did not respond. The 2nd and 3rd respondents submitted that the plaintiffs, whose grant was revoked, lacked capacity to represent the estate, citing Isaya Masira Momanyi, and that stay could not issue because the defendants were not parties to the Succession Cause, citing Republic v Registrar of Societies Kenya. The court held that all authorities were good in their facts but distinguishable: the applicants were not filing suit on behalf of a deceased's estate, and succession causes involve only claimant beneficiaries, making the application sui generis. Since the respondents did not deny the existence of the Succession Cause or that the suit land is contested in it, the court stayed the proceedings pending determination of Meru High Court Succession Case No. 96 of 1993 and ordered costs in the cause.

Key legal issues

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01

Whether to stay proceedings pending determination of a related succession cause

Holding

Stay granted because the suit land is contested in the Meru Succession Cause, whose determination will affect proprietorship of the subject matter

Reasoning

The court found the suit plot forms part of the estate in Meru High Court Succession Case No. 96 of 1993, whose grant was revoked on 10/3/2021. Proceeding with the suit risked conflicting decisions and would embarrass the Judiciary. The respondents did not deny the existence of the Succession Cause or that the suit land is contested in it. The interest of justice favoured a stay.

p. 3
02

Whether non-joinder of the respondents in the Succession Cause defeats the stay

Holding

It does not; succession causes involve only claimant beneficiaries and the application is sui generis

Reasoning

The court reasoned that only claimant beneficiaries are parties in succession cases, and neither the County Government of Marsabit nor the 2nd and 3rd defendants could have been expected to be parties to the Meru Succession Cause. Therefore the identity-of-parties condition from the cited authority was inapplicable to this sui generis application.

p. 3
03

Whether the plaintiffs lacked capacity for suing on behalf of a deceased's estate

Holding

The court distinguished this line of authority because the applicants are not filing suit on behalf of the estate; a succession cause already exists

Reasoning

The respondents relied on Isaya Masira Momanyi to argue that a suit founded on a revoked grant is null and void. The court held that authority was inapplicable because the applicants are not filing a suit on behalf of the estate of a deceased person; a Succession Cause already exists whose determination bears on this suit.

p. 3

Legal principles established

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  • The overriding consideration in exercising discretion to stay proceedings is the predominance of the interest of justice
  • Stay of proceedings may issue to avoid conflicting parallel decisions even where the parties in the two suits are not identical, because succession proceedings are sui generis

Court orders

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  1. 1.Stay of further proceedings in this suit pending the hearing and determination of Meru High Court Succession Case No. 96 of 1993
  2. 2.Costs shall be in the cause

Authorities

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Cases cited (4)

  • Global Tours & Travels Limited
    Nairobi H.C Winding up Cause No. 43 of 2000
  • Josephat Kinyua Kajui Versus Stephen Kanyara M'Impwi
    [2020] eKLR
  • Isaya Masira Momanyi Versus Daniel Omwayo & Another
    [2017] eKLR
  • Republic Versus Registrar of Societies Kenya & 2 others
    Miscellaneous Application No. 394 of 2017 [2017] eKLR
Jurisdiction invoked
Inherent discretion of the court to stay proceedings in the overriding interest of justice

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, "Manyara & another v County Government of Marsabit & 2 others (Environment & Land Case 017 of 2021) [2022] KEELC 2933 (KLR)", Case Analysis (2022). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2933/eng@2022-05-16

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