Makindu Motors Limited v Subati Group Limited (Environment & Land Case E032 of 2022) [2025] KEELC 1388 (KLR)
The bottom line
#Kenya's Environment and Land Court refused to pause a case because the same pause request was already pending before the Court of Appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether stay of proceedings should be granted pending the Applicant's application (to appeal out of time) before the Court of Appeal
Application dismissed because a similar application was already pending before the Court of Appeal, rendering the present application an abuse of process and creating a risk of conflicting orders
The court adopted the principles in Global Tours & Travels Limited and William Odhiambo Ramogi, which direct that a stay of proceedings be sought, where possible, in the court to which the appeal is preferred. Since the Applicant had already moved the Court of Appeal in a similar application, this court declined to entertain a parallel application to avoid duplicity and conflicting orders, and dismissed the application with costs.
Legal principles established
#- Where an application for stay of proceedings has been filed before the appellate court, filing a similar application in the trial court is improper and an abuse of the process of court
- An application for stay of proceedings should, as far as possible, be filed in the court to which the appeal is preferred, since that court is better placed to interrogate whether the appeal is arguable
Court orders
#- 1.Applicant's Notice of Motion dated 1st October, 2024 dismissed
- 2.Costs of the application to the Respondent
- Jurisdiction invoked
- Inherent jurisdiction of the superior court to stay its own proceedings pending appeal (discretionary; no statutory provision expressly cited)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Makindu Motors Limited v Subati Group Limited (Environment & Land Case E032 of 2022) [2025] KEELC 1388 (KLR)", Case Analysis (2025). Not stated in judgment (Notice of Motion dated 1st October, 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1388/eng@2025-03-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.