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ELCPartially AllowedNot stated in the judgment (petition pending before the Environment and Land Court, Mombasa)· [2025] KEELC 5054 (KLR)

Freedom Limited v National Land Commission & another (Environment and Land Petition E004 of 2023) [2025] KEELC 5054 (KLR)

Environment and Land Court of Kenya
3 July 2025
1,520 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Mombasa land court paused a compensation case for one year because a Supreme Court decision on related land ownership will affect it.

What this practically means

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Executive summary

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The petitioner, registered owner of Plot No. MN/V/2857 (a subdivision of original Plot No. MN/V/287), filed a notice of motion dated 25.03.2025 seeking a temporary stay of these compensation proceedings pending determination of Supreme Court Petition No. E009 of 2024, an appeal arising from a related ownership dispute over the original plot. The petitioner contended the Supreme Court outcome would bear on this petition, which sought redress for compulsory acquisition of a portion of the suit land. The 2nd respondent opposed, arguing the application was defective, that the petitioner was pursuing compensation while ownership was contested elsewhere (amounting to forum shopping), and urged that the petition be struck out or withdrawn with costs. The petitioner replied that this court had already declared it owner of the subdivision by judgment of 29.08.2023, and that the petition had been filed to beat the limitation period under the Limitation of Actions Act. The court framed two issues: whether to stay the proceedings, and costs. Relying on Kenya Wildlife Service v James Mutembei and Lucy Waithera Kimanga v John Waiganjo Gichuri, it held that stay of proceedings is a grave step warranting a high, stringent test, but found a clear correlation between the two petitions. It granted a one-year conditional stay to avoid prejudice to the respondents, who are not parties to the Supreme Court petition, and awarded the 2nd respondent the costs of the application under the proviso to Section 27 of the Civil Procedure Act. The petition was set down for mention on 24.11.2025 to ascertain the status of the Supreme Court matter. Ruling dated and signed at Mombasa and delivered virtually on 3 July 2025 by Y. M. Angima, Judge.

Key legal issues

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01

Whether a stay of proceedings should be granted pending determination of a related Supreme Court petition

Holding

A conditional stay of one year was granted because a correlation existed between the dispute over Plot No. MN/V/287 before the Supreme Court and this petition concerning its subdivision, Plot No. MN/V/2857; but the stay was made conditional because the respondents, not being parties to the Supreme Court petition, could be prejudiced.

Reasoning

The court weighed the stringent test for stay of proceedings against the established correlation between the two matters. It found that the Supreme Court's judgment would bear significantly on this petition, making it just and fair not to proceed. However, since the respondents were not parties to the Supreme Court proceedings and could be prejudiced, the stay was made conditional for one year, with a mention date fixed to monitor the Supreme Court matter.

p. 3
02

Who should bear the costs of the application

Holding

Costs of the application were awarded to the 2nd respondent to be borne by the petitioner, because the respondents would be prejudiced by the stay as they are not parties to the Supreme Court petition.

Reasoning

Applying the general rule that costs follow the event under Section 27 of the Civil Procedure Act, and Hussein Janmohamed & Sons v Twentsche Overseas Trading Co. Ltd, the court held that a successful party ordinarily receives costs unless good reason exists to depart. Since the respondents would be prejudiced by the stay, costs were awarded to the 2nd respondent as compensation for that prejudice.

p. 3

Legal principles established

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  • Stay of proceedings is a grave judicial action that interferes with a litigant's right to conduct litigation, and the test for granting it is high and stringent.
  • The decision whether to stay proceedings is a matter of judicial discretion exercised in the interest of justice, weighing the pros and cons of granting or refusing the order.
  • As a general rule, a stay of proceedings should only be imposed where it is beyond all reasonable doubt that the proceedings ought not to continue.
  • Costs follow the event under the proviso to Section 27 of the Civil Procedure Act, and a successful party should ordinarily be awarded costs unless the court directs otherwise for good reason.

Court orders

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  1. 1.That the proceedings herein are stayed for one year (365 days) pending the determination of the Supreme Court Petition No. E009 of 2024.
  2. 2.The 2nd respondent is hereby awarded costs of the application to be borne by the petitioner.
  3. 3.The petition shall be mentioned on 24.11.2025 to ascertain the status of the petition before the Supreme Court.

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3A and 6
  • Civil Procedure ActSection 27 (Cap 21), proviso
  • Civil Procedure RulesOrder 42 Rule 6
  • Limitation of Actions ActNot specified

Cases cited (4)

  • Kenya Wildlife Service v James Mutembei
    [2019] eKLR
  • Global Tours & Travels Limited; Nairobi Winding Up Cause No. 43 of 2000 (Ringera J)
  • Lucy Waithera Kimanga & 2 others v John Waiganjo Gichuri
    [2015] KEHC 6120 (KLR)
  • Hussein Janmohamed & Sons -vs- Twentsche Overseas Trading Co. Ltd
    [1967] EA
Jurisdiction invoked
Sections 1A, 1B, 3A and 6 of the Civil Procedure Act; Order 42 Rule 6 of the Civil Procedure Rules; inherent jurisdiction of the court

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, "Freedom Limited v National Land Commission & another (Environment and Land Petition E004 of 2023) [2025] KEELC 5054 (KLR)", Case Analysis (2025). Not stated in the judgment (petition pending before the Environment and Land Court, Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5054/eng@2025-07-03

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