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ELCAllowedChuka ELC Appeal No. E020 of 2024· [2025] KEELC 981 (KLR)

Mbari (Suing as the legal representative of the Estate of Jason M’Mbari Murugi alias Jason M’Mbari Murugi) v Njoka & 2 others (Environment and Land Appeal E020 of 2024) [2025] KEELC 981 (KLR)

Environment and Land Court
27 February 2025
1,654 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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The Environment and Land Court in Chuka paused a land trial for 180 days because the appeal raised real issues that continuing the case would waste.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Chuka on a notice of motion dated 17/12/2024 by Moses Njagi Mbari, the applicant, seeking a stay of further proceedings in Chuka CMC E&L Case No 71 of 2019 pending the hearing and determination of his appeal, Chuka ELC Appeal No. E020 of 2024. The appeal challenged a trial court ruling of 11/12/2024 allowing the respondents to join the Director of Surveys and the Land Registrar as 4th and 5th defendants. The applicant argued the appeal was arguable, that continued trial would render it nugatory, and that the application was made without delay. The respondents, opposing through a replying affidavit and submissions, contended that stay of proceedings is a grave judicial action whose test is stringent and would interfere with their right to a fair hearing without delay. The court, framed a single question: whether the application met the criteria for stay of proceedings pending appeal, anchored on Order 42 rule 6(1) of the Civil Procedure Rules. Applying the principles in David Morton Silverstein v Atsango Chesoni, KCB v Benjoh Amalgamated and Re Global Tours & Travel Ltd, the court found the applicant had an arguable appeal because the impugned ruling was silent on the fate of his closed case; that the appeal would be rendered nugatory if trial proceeded and enforcement ensued; and that there was no unreasonable delay. The court allowed the application, staying the trial proceedings for 180 days unless extended, with costs of the application in the appeal.

Key legal issues

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01

Whether the applicant demonstrated an arguable appeal

Holding

Yes - the trial ruling's silence on the fate of the applicant's closed case raised an arguable point.

Reasoning

The impugned ruling allowing joinder was rendered after the applicant had closed his case, yet was silent on the fate of that closed case. Whether introduction of adverse pleadings and evidence at that stage would prejudice the applicant was an arguable point for the appeal. The court stressed that an arguable appeal need not succeed.

p. 3
02

Whether the appeal would be rendered nugatory if stay was not granted

Holding

Yes - proceeding with trial would risk wastage of judicial time, duplication of efforts and rendering the appeal nugatory.

Reasoning

If the trial court disposed of the suit and enforcement ensued while the appeal was pending, the appeal would be rendered nugatory. Continuing the trial would also waste judicial time and duplicate judicial efforts.

p. 3
03

Whether the application was brought without unreasonable delay

Holding

Yes - the ruling was rendered on 11/12/2024 and the application filed on 17/12/2024.

Reasoning

The impugned decision was rendered on 11/12/2024 and both the appeal and the application were filed on 17/12/2024, showing no unreasonable delay.

p. 3

Legal principles established

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  • A party seeking stay of proceedings pending appeal must show an arguable appeal and that the appeal would be rendered nugatory unless stay is granted.
  • An arguable appeal is one predicated on a point that is not frivolous, not one that will necessarily succeed.

Court orders

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  1. 1.Stay of proceedings in Chuka Chief Magistrate Court Environment and Land Case No 71 of 2019 pending the hearing and determination of Chuka Environment and Land Court Land Appeal No E020 of 2024
  2. 2.Unless extended by an order of the Court, the stay order shall lapse on expiry of 180 days reckoned from the date of the ruling
  3. 3.Costs of the application shall be in the appeal
On appeal from
Chief Magistrate's Court, Chuka (Environment and Land)
Chuka CMC E&L Case No 71 of 2019
Jurisdiction invoked
Order 42 rule 6(1) of the Civil Procedure Rules

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, "Mbari (Suing as the legal representative of the Estate of Jason M’Mbari Murugi alias Jason M’Mbari Murugi) v Njoka & 2 others (Environment and Land Appeal E020 of 2024) [2025] KEELC 981 (KLR)", Case Analysis (2025). Chuka ELC Appeal No. E020 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/981/eng@2025-02-27

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