Sahara Ahmed Hillow (Suing as administrator ad litem of the Estate of the late Ahmed Hillow Osman (Deceased) v Mohamed Hassan Jillo & 2 others [2018] KEELC 1981 (KLR)
- Court
- Environment & Land Court
- Case number
- 1981
- Citation
- [2018] KEELC 1981 (KLR)
- Decided
- 26 July 2018
The application is dismissed with costs, as staying the proceedings will delay rather than fast track the resolution of the dispute.
Facts
The plaintiff filed a suit in ELC No. 77/2017, seeking a stay of the proceedings and an order referring the dispute to local community elders. The defendants/applicants filed an application seeking the same. The dispute was about a boundary dispute over farms 23 and 24 in Nalka punda area, Mandera County, which were unregistered and classified as unregistered community land.
Issues
- Whether the court has the power to stay the proceedings and refer the dispute to local community elders
- Whether the plaintiff's abandonment of the mediation process renders the application for stay of proceedings lacking merit
Reasoning
The court found that the plaintiff abandoned the mediation process and that the court cannot compel parties to go for mediation where one party has since withdrawn from such mediation. The court also noted that there is no law empowering the court to stay the proceedings and compel the respondents to continue with the mediation process.
Outcome
Appeal dismissed
Orders
- Application for stay of proceedings and referral of dispute to local community elders dismissed
Remedies
- Costs to be in the cause
Authorities cited
Legislation (3)
- Article 159 (2) (c) of the Constitution of Kenya, 2010
- Section 39 (3) of the Community Lands Act No. 27 of 2017
- Order 51 Rule 1 CPR
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