Laban Nduva Masai & Dorcas Mbele v Matunda C.B.O (through Chairman, Secretary & Treasurer)
The bottom line
#A Makueni court gave late defendants a second chance to file their defence but refused to pause the case, showing Kenyan courts will not delay justice without strong reasons.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Applicants have demonstrated that the court should exercise its discretion to set aside the directions issued on 24th February, 2025
- 2.Whether the instant proceedings should be stayed pending the hearing and determination of MAKUENI ELCLC NO. E012 OF 2024
Key legal issues
#Whether to set aside directions that the suit proceed to formal proof and grant leave to file defence
Allowed - the Applicants' reasons for the delay were excusable and the draft defence raised triable issues
The Defendants filed a memorandum of appearance on 28th November 2024 but no defence within the fourteen days under Order 7 Rule 1. Interlocutory judgment was requested and formal proof directions taken. The court found the explanation - waiting for a crucial witness whose statement depended on an injunction application in a related suit - excusable, noted the draft defence raised triable issues, and found no prejudice to the Respondents.
Whether proceedings should be stayed pending Makueni ELCLC No. E012 of 2024
Refused - Applicants did not discharge the onus of establishing grounds for stay
Relying on Marriot Africa International Ltd and Kenya Power & Lighting Co Ltd v Wokabi, the court noted the onus lies on the Applicants and that stay requires a prima facie arguable case, expeditious filing and sufficient cause in the interest of justice. The Applicants failed to demonstrate the basis for stay, so prayer 3 was declined.
Legal principles established
#- Stay of proceedings requires genuine and compelling grounds given the constitutional principle that justice shall not be delayed
- Reasons for failure to file a defence that are excusable, coupled with a draft defence raising triable issues and no prejudice to the plaintiff, justify setting aside formal proof directions
Court orders
#- 1.Prayer 2 allowed: directions that the suit proceed by formal proof set aside and Defendants granted leave to file defence, witness statements and documents
- 2.Defendants to file their statement of defence and witness statements within 14 days
- 3.Costs of the application to be in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Sections 3, 13(7) and 19(2) of the Environment and Land Court Act and Order 45 Rule 1 of the Civil Procedure Rules
Relief refused
#Stay of proceedings pending hearing and determination of Makueni ELCLC No. E012 of 2024 (prayer 3)
Applicants failed to demonstrate genuine and compelling grounds for stay
Costs
Costs of the application to be in the cause (prayer 4 allowed)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I therefore allow prayers 2 and 4 of the application dated 28th May, 2025. The Defendants to file their statement of defence and witness statements within 14 days.
After careful consideration of the reasons for failure to file a defence within the stipulated period by the Applicants, the court finds that the said reasons are excusable.
Whilst this Court has unfettered jurisdiction to issue an order of stay of proceedings, it must be satisfied that there are genuine and compelling grounds to justify such an order
Issues in the judgment
#Submissions dated 2026 while application and events are 2025; dates appear inconsistent
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Laban Nduva Masai & Dorcas Mbele v Matunda C.B.O (through Chairman, Secretary & Treasurer)", Case Analysis (2026). ELC NO. E025 OF 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5611/eng@2026-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.