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ELCDismissedNot stated in judgment· [2023] KEELC 364 (KLR)

Morop Distributors (K) Limited & another v Nairobi City County Government & 4 others (Environment & Land Case 178 of 2009) [2023] KEELC 364 (KLR)

Environment and Land Court
26 January 2023
LMLucy N Mbugua
447 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 refused to pause a land case on appeal, confirming that permission to appeal late does not automatically stop proceedings.

What this practically means

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Executive summary

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This judgment determines an application dated July 26, 2022 by the 1st plaintiff seeking a stay of proceedings pending the hearing and determination of an intended appeal against the court's ruling of May 26, 2022, in which an application to amend pleadings dated June 17, 2021 was declined. The application was supported by the affidavit and further affidavit of Joyce Cherono, the applicant's advocate, who contended that the orders would not prejudice the respondents and that the intended appeal had high chances of success, citing a Court of Appeal ruling granting leave to file a notice of appeal out of time. The 2nd plaintiff, through its director John Gathama Maingi, opposed the application as an abuse of process and a scheme to delay the suit, pointing out that no appeal had yet been filed. The court, per Lucy N Mbugua J, held that a stay of proceedings is a matter of judicial discretion depending on the facts of each case, adopting Kenya Power & Lighting Co Ltd v Wokabi, Watu Credit v Aboki and Musembi v H. Young & Co. The court found that the ruling of May 26, 2022 had already captured the reasons why the proceedings should not be stayed, and that the Court of Appeal ruling of September 30, 2022 only granted leave to appeal out of time and no more. The application was accordingly dismissed with costs to the 2nd plaintiff, with a far-off hearing date fixed in the final term of the year.

Key legal issues

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01

Whether a stay of proceedings should issue pending an intended appeal

Holding

The application was dismissed; the earlier ruling of May 26, 2022 already contained the reasons why proceedings should not be stayed, and leave to appeal out of time did not amount to a stay

Reasoning

The court applied the settled position that a stay of proceedings is an exercise of judicial discretion, dependent on the facts of each case. It found the ruling of May 26, 2022 had already articulated reasons against a stay and that the Court of Appeal ruling of September 30, 2022 merely granted leave to appeal out of time, granting no stay. The application was therefore found not merited and dismissed with costs to the 2nd plaintiff.

p. 2

Legal principles established

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  • Whether to grant a stay of proceedings is a matter of judicial discretion and each case depends on its own facts

Court orders

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  1. 1.The application dated July 26, 2022 is dismissed with costs to the 2nd plaintiff
  2. 2.The court to give a far-off date for hearing in the final term of the year to give the applicant sufficient time to ventilate the issue of stay of proceedings

Authorities

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Cases cited (3)

  • Kenya Power & Lighting Company Limited vs Esther Wanjiru Wokabi
    [2014] eKLR
  • Watu Credit v Geoffrey Mokaya Aboki Karen Chepkurui
    [2022] eKLR
  • Ezekiel Muke Musembi v H. Young & Company (EA) Limited
    [2019] eKLR
On appeal from
null - no appeal decided; this is an interlocutory application in a first-instance suit
Jurisdiction invoked
Inherent discretion of the court to stay proceedings (not tied to a specific constitutional/statistical provision in the judgment)

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, "Morop Distributors (K) Limited & another v Nairobi City County Government & 4 others (Environment & Land Case 178 of 2009) [2023] KEELC 364 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/364/eng@2023-01-26

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