Shikhutuli v Murunga & another (Environment and Land Appeal E1 of 2021) [2023] KEELC 26 (KLR) (17 January 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 26
- Citation
- [2023] KEELC 26 (KLR)
- Decided
- 17 January 2023
Summary at a glance
TypeAppealPostureAppeal from a ruling and order of the Senior Principal Magistrate's CourtCoramDO OHUNGO
The appeal is dismissed with costs to the respondents.
Facts
The appellant Maurice Jomo Shikhutuli filed an application in the Subordinate Court seeking a stay of proceedings in Butali SPM MCL & E No. 39 of 2019 pending the revocation and annulment of a grant in Butali SPM Succession Cause No. 246 of 2018. The respondents Alice Shihundu and Fred Burudi Murunga sought the appellant's eviction from a parcel of land.
Issues
- Whether the learned trial magistrate erred in law and fact in disallowing the appellant's application for a stay of proceedings in Butali SPM MCL & E No. 39 of 2019.
- Whether the learned trial magistrate erred in law and fact in failing to stay the proceedings in Butali SPM MCL & E No. 39 of 2019.
- Whether the learned trial magistrate erred in law and fact in dismissing the appellant's application for a stay of proceedings.
Reasoning
The court found no misdirection by the learned magistrate and no valid reason to interfere with his exercise of discretion. The appellant's application was not a basis for staying proceedings in Butali MCELC No. 39 of 2019.
Outcome
Appeal dismissed
Authorities cited
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