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ELCAllowedMurang’a CMELC E078 of 2021 (appeal therein; notice of motion dated 11-11-2024)· [2025] KEELC 3158 (KLR)

Kamanda v Karuga & 2 others (Land Case E026 of 2024) [2025] KEELC 3158 (KLR)

High Court of Kenya
7 April 2025
MGM.N. Gicheru
427 words in judgment
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The bottom line

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The High Court paused a Murang'a lower court case because the appeal's outcome could make continuing it pointless, protecting parties from wasted costs.

What this practically means

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Executive summary

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This ruling of the High Court at Murang’a (M.N. Gicheru J) determines a notice of motion dated 11 November 2024 brought by the Appellant, Arthur Hunja Kamanda, under Sections 1A, 1B and 3A of the Civil Procedure Act. The Appellant had been joined as a defendant in the Chief Magistrate’s suit, Murang’a CMELC E078 of 2021, by a ruling dated 29 May 2024. Dissatisfied with the joinder, he appealed, explaining that the delay in filing the appeal was occasioned by the unavailability of the court proceedings and the order appealed against, which he needed to prepare the record of appeal. He sought a stay of the hearing and proceedings in the lower court suit pending the hearing and determination of the appeal, plus costs. Although the 1st Respondent’s counsel was granted seven days on 5 February 2025 to file a replying affidavit, none was filed. The court held that the motion had merit: it would be futile to allow the lower court suit to proceed while the appeal’s outcome was unknown, because if the appeal succeeded the Appellant would cease to be a party and the lower court hearing would have been in vain, occasioning unnecessary work and costs and wasting judicial time and resources. The court allowed the motion in terms of prayer 3, staying the proceedings in CMELC E078 of 2021 pending the appeal, with costs in the cause.

Key legal issues

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01

Whether to stay lower court proceedings pending determination of an appeal against an order joining the Appellant as a defendant

Holding

The court allowed the stay, finding that continuation of the lower court suit while the appeal was pending would be futile if the appeal succeeded.

Reasoning

The Appellant was joined as a defendant by a ruling dated 29-5-2024 and appealed. The court reasoned that if the appeal succeeds, the Appellant would cease to be a party, so any hearing in the meantime would be in vain and would waste the parties' work, costs and judicial time. No replying affidavit was filed opposing the motion despite an opportunity being given.

p. 2

Legal principles established

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  • It is not sensible to proceed with a lower court case while an appeal whose outcome is unknown is pending, as proceeding may render the hearing vain and occasion unnecessary work and costs

Court orders

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  1. 1.The notice of motion dated November 11, 2024 allowed in terms of prayer 3, namely that pending the hearing and determination of the appeal, the hearing and proceedings in Murang’a CMELC E078 of 2021 be stayed
  2. 2.Costs in the cause
On appeal from
Chief Magistrate’s Court, Murang’a
CMELC E078 of 2021
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act and all enabling provisions of the law

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, "Kamanda v Karuga & 2 others (Land Case E026 of 2024) [2025] KEELC 3158 (KLR)", Case Analysis (2025). Murang’a CMELC E078 of 2021 (appeal therein; notice of motion dated 11-11-2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3158/eng@2025-04-07

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