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ELCDismissedEnvironment & Land Case 1 of 2019· [2023] KEELC 20309 (KLR)
Abdirahman & another v Mole
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The plaintiffs (Ali Juma Abdirahman and Rehema Charo Mungumba) applied by notice dated 19th October 2022 for review of a Ruling delivered on 22nd September 2022 by Olola J, seeking an order cancelling a provisional title issued on 20th July 2018, plus costs. The earlier Ruling had stayed the present suit under Section 6 of the Civil Procedure Act, which bars proceedings where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties or parties claiming under them, litigating under the same title. Counsel, Mr. Mwadilo, contended that the other matters whose determination had occasioned the stay had since been resolved. E. K. Makori J held that the earlier Ruling had simply stayed the current suit pending determination of those other matters; if they were resolved, the proper course - if anything remained pending in this suit - was to take steps to conclude the current suit rather than seek review. There was, accordingly, nothing to review. The court dismissed the application dated 19th October 2022 and made no order as to costs because the application was undefended. The ruling was delivered virtually at Malindi on 28th September 2023 in the absence of parties who had been notified.
Key legal issues
#01
Whether the stay order of 22nd September 2022 could be reviewed to cancel the provisional title issued on 20th July 2018
Holding
The application for review was dismissed; the stay order left nothing open to review, and the correct course was to take steps to conclude the stayed suit
Reasoning
The court noted that the earlier Ruling by Olola J simply stayed the current suit pending determination of other filed matters, invoking Section 6 of the Civil Procedure Act on subjudice. Counsel for the applicant contended those matters were resolved, but the court held that if anything remains pending, the proper manner to proceed is to conclude the current suit rather than seek review. There was accordingly nothing to review.
p. 1
Legal principles established
#- A stay order pending determination of a previously instituted suit is not amenable to review; the proper step once the other suit is concluded is to take steps to conclude the stayed suit
Court orders
#- 1.The application dated 19th October 2022 is dismissed
- 2.No order as to costs since the application was not defended
- Jurisdiction invoked
- Environment and Land Court Act; review jurisdiction under the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abdirahman & another v Mole", Case Analysis (2023). Environment & Land Case 1 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20309/eng@2023-09-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.