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ELCDismissedELC Appeal Case (Kajiado), application dated 26th September 2024· [2025] KEELC 3233 (KLR)

Milele Homes Limited v Mambomoto Homes Limited (Environment and Land Appeal 6 of 2023) [2025] KEELC 3233 (KLR)

Environment and Land Court
8 April 2025
LKL. Komingoi
1,925 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court refused to pause an appeal, warning that repeated stay applications waste court time and delay justice for everyone involved.

What this practically means

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Executive summary

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The Applicant (Appellant) moved the Environment and Land Court at Kajiado by Notice of Motion dated 26th September 2024 under Sections 1A, 1B, 3, 3A and 95 of the Civil Procedure Act and various Orders of the Civil Procedure Rules, seeking a stay of the Court's own proceedings pending its intended appeal against a Ruling of 11th July 2024 in which the Court dismissed the Applicant's application to compel the Respondent to deposit Kshs. 1,348,900 as security for costs. The Applicant argued it would suffer substantial loss because the Respondent's financial standing was unknown and it might be a flight risk. The Respondent opposed, contending the application was a delaying tactic, defective because it asked the Court to sit on its own appeal, and misconceived under Order 42 Rule 6 as there was no substantive judgment or decree. The Court framed two issues: whether the stay application was merited, and costs. Tracing the history, the Court noted that the appeal (lodged in the High Court in September 2022 and transferred for want of jurisdiction) had already had the lower court's orders and proceedings stayed, with a Kshs. 200,000 security deposit ordered but apparently not complied with, and that successive interlocutory applications had prevented the appeal from being set down for hearing. Relying on the Court of Appeal decisions in Karsan Ramji and Gathoni, the Court held that stay of proceedings is a serious interruption of a litigant's rights requiring a higher threshold than stay of execution, and that repeated stay applications are incompatible with the expeditious, proportionate resolution espoused by Sections 1A and 1B. The Court declined the stay, ordered the Applicant to set down the appeal for hearing, and dismissed the application with costs to the Respondent.

Key legal issues

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Whether stay of proceedings pending appeal should be granted

Holding

Stay of proceedings declined; the Applicant was ordered to set down the appeal for hearing.

Reasoning

The Court traced the history of the appeal: proceedings in the lower court were already stayed and the appeal had not been set down for hearing because of successive interlocutory applications by the Applicant. Citing Karsan Ramji and Gathoni, the Court held that stay of proceedings is a grave interruption requiring a higher threshold, and that repeated stay applications delay justice. The Applicant retained recourse on appeal if the Court erred.

p. 4

Legal principles established

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  • Stay of proceedings is a judicial discretion to be exercised judiciously, weighing expeditious disposal, access to justice and judicial resources, and a higher threshold applies than for stay of execution

Court orders

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  1. 1.Order for stay of proceedings declined
  2. 2.Applicant ordered to set down the Appeal for hearing
  3. 3.Application dismissed with costs to the Respondent
Jurisdiction invoked
Sections 1A, 1B, 3, 3A and 95 of the Civil Procedure Act; Order 42 Rule 6(2), Order 45, Order 50 Rule 1-7 and Order 51 Rule 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, "Milele Homes Limited v Mambomoto Homes Limited (Environment and Land Appeal 6 of 2023) [2025] KEELC 3233 (KLR)", Case Analysis (2025). ELC Appeal Case (Kajiado), application dated 26th September 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3233/eng@2025-04-08

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