Kano Kajulu Farmers Co-operative Society Limited v County Lands Registrar, Kisumu & another (Environment & Land Case 46 of 2018) [2025] KEELC 389 (KLR)
The bottom line
#A Kisumu court refused to pause an adverse possession case, saying the applicant waited too long and failed to link its claim to a separate succession dispute.
What this practically means
#Executive summary
#Key legal issues
#Whether an order of stay of proceedings should issue pending the outcome of a succession cause whose grant underpins the defendant's title
No. The stringent conditions for stay of proceedings were not demonstrated; the adverse possession claim had no nexus to the succession cause, and the orders ultimately made in this suit would attach to the land regardless of the succession outcome.
The court applied the principle from Kenya Wildlife Services v James Mutembei that stay of proceedings is a grave judicial action interfering with a litigant's right to conduct litigation, requiring a higher and stringent test. The Applicant had known of the revocation application since at least 2022 yet testified and closed its case before applying. No nexus between the adverse possession claim and the succession cause was established, so the application was dismissed with costs.
Whether the Applicant should be allowed to file a further list of documents and recall witnesses after closing its case
No. Leave was refused because the Applicant was aware of the succession proceedings before closing its case, and the additional evidence sought was neither explained nor attached to the application.
The court noted the Applicant's own annexures showed knowledge of the revocation application since 2022, yet the Applicant testified and closed its case on 20th September 2023 without applying. Relying on Mzee Wanjie & 93 Others v Saikwa, counsel's point that the nature of the additional evidence had not been explained or attached was not contradicted. A party cannot keep searching for and inventing evidence as the case proceeds; delay was unexplained and the application was an afterthought.
Legal principles established
#- Stay of proceedings is a grave judicial action that seriously interferes with a litigant's right to conduct litigation, and the test for granting it is higher and more stringent than for stay of execution pending appeal
- A party seeking a stay of proceedings must demonstrate a nexus between the matter whose outcome is awaited and the claim before the court
- An adverse possession claim is a claim against the land, and it matters not against whom precisely (registered owner or objector in succession proceedings) it is brought
Court orders
#- 1.The Notice of Motion dated 6th March, 2024 is dismissed
- 2.Costs of the application are awarded to the Respondents
- Jurisdiction invoked
- Order 42 Rule 4 of the Civil Procedure Rules (original civil jurisdiction; the judgment does not cite a constitutional provision)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kano Kajulu Farmers Co-operative Society Limited v County Lands Registrar, Kisumu & another (Environment & Land Case 46 of 2018) [2025] KEELC 389 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/389/eng@2025-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.