Melly v Chesiyna & 2 others (Environment & Land Case E041 of 2023) [2025] KEELC 3870 (KLR)
The bottom line
#Kenya's Environment and Land Court refused to pause cost-taxation proceedings, warning that stays are rare remedies and unexplained delays look like tactics.
What this practically means
#Executive summary
#Key legal issues
#Whether taxation proceedings should be stayed pending determination of a related suit in a different court
The application for stay was dismissed because the applicant failed to demonstrate any nexus between the two suits and the application was not brought expeditiously.
The court noted the suit had been withdrawn at the plaintiff's instance with costs awarded to the defendants, and taxation properly flowed from that order. Applying the Global Tours & Travels principles and Halsbury's guidance, the court held that a stay of proceedings is a serious, discretionary measure to be exercised sparingly. The plaintiff did not explain how the High Court suit was connected to the taxation, and the timing of the application suggested a delay tactic. The authority cited by the plaintiff was held irrelevant.
Legal principles established
#- A stay of proceedings is a radical remedy granted only in very exceptional circumstances, weighing the interest of justice, expeditious disposal, arguability, judicial time and expeditiousness of the application
Court orders
#- 1.The notice of motion dated 24th January 2025 is dismissed
- 2.Each party to bear its own costs
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act, Order 51(1) of the Civil Procedure Rules and Article 159 of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Melly v Chesiyna & 2 others (Environment & Land Case E041 of 2023) [2025] KEELC 3870 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3870/eng@2025-05-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.