Paragon Electronics Ltd v Land Registrar & 2 others; Ngum & 2 others (Interested Parties) (Civil Application E015 of 2025) [2025] KECA 586 (KLR) (28 March 2025) (Ruling)

Facts

Paragon Electronics Ltd seeks a stay of proceedings in the Nairobi Environment and Land Court (ELC) Petition No. 1 of 2021, pending an intended appeal from the High Court's decision dated 8th May 2024. The High Court dismissed the applicant's application for viva voce examination of the 1st respondent on the grounds that parties had already taken directions regarding the main petition.

Issues

1. Whether the High Court's decision to decline the viva voce examination application is appealable.
2. Whether the applicant's application for stay of proceedings is meritorious and should be granted.

Reasoning

The Court entertains doubts regarding the arguability of the intended appeal and finds that the applicant has not demonstrated exceptional circumstances to warrant the grant of stay of proceedings. The Court dismisses the application as bereft of merit.

Outcome

Application dismissed

Authorities cited