Saoli (Suing on his own behalf and as an Administrator of the Estate of Leposo Ole Saoli) & 2 others v Saoli
The bottom line
#A Kenyan land court refused to pause a 13-year-old family land dispute, ruling that appeals cannot be used to delay justice.
What this practically means
#Executive summary
#Key legal issues
#Whether stay of proceedings pending appeal should be granted
The application was dismissed because the applicant failed to attach a draft memorandum of appeal, making it impossible to assess arguability, and the application appeared to be a delaying tactic in a suit pending since 2010
The court's jurisdiction to stay proceedings derives from Order 42 rule 6(1) of the Civil Procedure Rules and is discretionary, to be exercised in the interest of justice. The applicant bore the burden of showing an arguable appeal and that the appeal would be rendered nugatory absent a stay. Without a draft memorandum of appeal, the court could not comment on arguability; grounds of appeal outlined only in written submissions were held unprocedural. The court also found the application timeous but seemingly a delaying tactic, since the same issues had been dealt with in earlier rulings of 5th July 2022 and 7th February 2023.
Legal principles established
#- Stay of proceedings is a grave judicial action that interferes with a litigant's right to conduct litigation; the test for stay of proceedings is high and stringent, unlike stay of execution
- The right of appeal cannot be exercised at the expense of justice; proceedings should not be hindered without just and sufficient cause
- An arguable appeal does not mean an appeal which would ultimately succeed; the applicant need only show grounds raising a serious question of fact or law
Court orders
#- 1.The notice of motion application dated 17th February, 2023 is dismissed
- 2.Each party to bear its own costs
- 3.The matter is fixed for mention on 3rd May, 2023 for parties to fix a date for defence hearing
- Jurisdiction invoked
- Articles 48, 50(1) and 159(2)(d) of the Constitution; Sections 1A, 1B, 3 and 3A of the Civil Procedure Act; Sections 3 and 13(7) of the Environment and Land Court Act, 2011; Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Saoli (Suing on his own behalf and as an Administrator of the Estate of Leposo Ole Saoli) & 2 others v Saoli", Case Analysis (2023). Environment & Land Case 264 of 2017 (Formerly Nakuru HCC No. 28 of 2010). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/16899/eng@2023-04-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.