Mutusi & 15 others v Stanley & Sons Limited & another; County Government of Makueni & 2 others (Interested Parties) (Environment & Land Case 8 of 2020) [2022] KEELC 3434 (KLR)
The bottom line
#The Environment and Land Court in Makueni refused to pause a land case because the applicants could not show a real, arguable appeal had even been filed.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants established a prima facie arguable case
No prima facie arguable appeal was established because no appeal or grounds of appeal had been filed
The applicants intended to appeal the March 2, 2021 directions and attached a notice of appeal, but produced no evidence that an appeal had been filed, and the court had not seen the grounds of appeal, making it impossible to assess arguability.
Whether sufficient cause/substantial loss was shown
No sufficient cause or substantial loss was demonstrated
The pleadings, facts and issues in the present suit are distinct from those in ELC Petition No 5 of 2018; no correlation was pointed out, no adverse orders issued in these proceedings, and the applicants could not show what injustice would follow if the suit proceeded to hearing.
Whether the application was filed expeditiously
The application was filed without delay
Directions were issued on March 2, 2021 and the application was filed on March 11, 2021, so the expeditious-filing principle was satisfied, though this alone could not save the application.
Legal principles established
#- Stay of proceedings pending appeal is a discretionary power exercised judiciously and only in exceptional circumstances, guided by the principles of a prima facie arguable case, expeditious filing and sufficient cause
- A stay of proceedings is a serious interruption of a party's right to litigate and should be imposed sparingly
Court orders
#- 1.The application dated March 31, 2021 is dismissed with costs
- Jurisdiction invoked
- Article 159 of the Constitution; Sections 1B, 3A and 63(e) of the Civil Procedure Act; Order 42 Rule 6 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mutusi & 15 others v Stanley & Sons Limited & another; County Government of Makueni & 2 others (Interested Parties) (Environment & Land Case 8 of 2020) [2022] KEELC 3434 (KLR)", Case Analysis (2022). Makueni ELC Case No 8 of 2020 (Notice of Motion dated March 31, 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3434/eng@2022-07-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.