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ELCDismissedEmbu CM ELC Case No. 89 of 2018 (appeal; application dated 11/10/2024)· [2025] KEELC 3720 (KLR)

Beth Ndorongo & Co Advocates v Mizizi Holdings Limited & another (Environment and Land Appeal E037 of 2024) [2025] KEELC 3720 (KLR)

Environment and Land Court
28 April 2025
KBK. Bor
404 words in judgment
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The bottom line

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Kenya's Environment and Land Court at Embu refused to pause a land case already heard and awaiting judgment, stressing speedy dispute resolution.

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 Embu (K. Bor, J) delivered virtually on 28 April 2025 on an application dated 11 October 2024 in which the Appellant sought a stay of proceedings in Embu CM ELC Case No. 89 of 2018 pending the hearing and determination of an appeal against the trial magistrate's orders of 29 July 2024. The trial court had declined to hear the Appellant's preliminary objection dated 18 July 2024 and directed that its grounds be canvassed at trial and determined in the judgment. Beth Ndorongo advocate swore the supporting affidavit, noting a similar application had been declined before the trial court. Mwangi K. Mukururi, Company Secretary of the 1st Respondent, swore the replying affidavit in opposition, arguing that the preliminary objection was raised late, about 11 days before the scheduled hearing date, after several pre-trial directions at which no objection was raised. He noted the suit had proceeded to hearing on 29 July 2024 and 10 December 2024, with judgment scheduled for 12 May 2025. The 1st Respondent relied on Order 42 Rule 6 and authorities on the discretionary stay of proceedings. The court declined to grant the stay, holding that granting the orders would not augur well with the duty to ensure expeditious disposal of disputes given that the hearing had already taken place and judgment was pending. The costs of the application were ordered to abide the outcome of the appeal.

Key legal issues

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01

Whether a stay of proceedings should be granted pending determination of the appeal against the trial court's refusal to hear a preliminary objection

Holding

The application for stay was declined because the trial suit had already been heard and was awaiting judgment, and a stay would defeat expeditious disposal of disputes.

Reasoning

The court weighed the rival positions, noting the appellant's preliminary objection was raised late, roughly 11 days before the scheduled hearing, and after several pre-trial directions without objection. The suit proceeded to hearing on 29/7/2024 and 10/12/2024 with judgment scheduled for 12/5/2025. Granting a stay at that stage would conflict with the court's overriding duty to ensure expeditious disposal of disputes. The application was therefore dismissed with costs abiding the appeal's outcome.

p. 2

Legal principles established

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  • A court should not stay proceedings that have already proceeded to hearing and are pending judgment, as this would conflict with the duty to ensure expeditious disposal of disputes

Court orders

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  1. 1.The court declines to grant the orders sought in the application dated 11/10/2024
  2. 2.The costs of the application shall abide the outcome of the appeal

Authorities

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Legislation

  • Civil Procedure RulesOrder 42 Rule 6
On appeal from
Chief Magistrate's Court, Embu
CM ELC Case No. 89 of 2018
Jurisdiction invoked
Appellate jurisdiction of the Environment and Land Court over decisions of subordinate courts (appeal against orders issued by the Learned Magistrate on 29/7/2024)

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, "Beth Ndorongo & Co Advocates v Mizizi Holdings Limited & another (Environment and Land Appeal E037 of 2024) [2025] KEELC 3720 (KLR)", Case Analysis (2025). Embu CM ELC Case No. 89 of 2018 (appeal; application dated 11/10/2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3720/eng@2025-04-28

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