Njeru Nyaga & Company Advocates LLP v Registered Trustees of Ruiru Sports Club; National Land Commission (Garnishee) (Environment and Land Miscellaneous Application E083 of 2022) [2025] KEELC 695 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Res judicata
The stay orders sought are distinct from the earlier stay of proceedings application, so the application may not be strictly res judicata, but the shuttling between courts is an abuse of process
The court acknowledged the earlier application dated 16th September 2023 sought stay of proceedings, whereas the present one seeks stay of execution. While these orders are distinct and may not attract res judicata, the conduct of litigating the same subject matter in parallel before the ELC and the Court of Appeal amounts to abuse of court process.
Jurisdiction to grant stay
Having invoked the Court of Appeal for stay, the respondent cannot revert to the Environment and Land Court; the application is incompetent and an abuse of process
Relying on Justice Oguttu Mboya's earlier ruling of 2nd November 2023, the court held that once the respondent approached the Court of Appeal for stay of execution, the ELC is divested of jurisdiction over a similar application. The respondent must exhaust the jurisdiction of the Court of Appeal before commencing like proceedings elsewhere. The present application was a 'Hail Mary' to tide the respondent over until the Court of Appeal ruling of May 2025.
Legal principles established
#- Once a party invokes the Court of Appeal's jurisdiction for stay orders, the court below is divested of jurisdiction to entertain a similar application
- The five essential elements of res judicata as set out in Section 7 of the Civil Procedure Act
Court orders
#- 1.The Notice of Motion application dated 11th December 2024 seeking stay of execution of the orders of 2nd November 2023 is dismissed
- 2.The costs of the application shall be borne by the Client/Respondent
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act and Order 42 Rule 6 and Order 50 Rule 2 of the Civil Procedure Rules (as invoked by the applicant)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njeru Nyaga & Company Advocates LLP v Registered Trustees of Ruiru Sports Club; National Land Commission (Garnishee) (Environment and Land Miscellaneous Application E083 of 2022) [2025] KEELC 695 (KLR)", Case Analysis (2025). Notice of Motion dated 11th December 2024 (in the suit arising from the ruling of 31st May 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/695/eng@2025-02-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.