Ramadhan v Makokha (Environment and Land Appeal E033 of 2023) [2025] KEELC 8227 (KLR) (27 November 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 8227
- Citation
- [2025] KEELC 8227 (KLR)
- Decided
- 27 November 2025
The application for stay of proceedings is dismissed. The appellant's case is that the Matungu Land Disputes Tribunal awarded 1 acre of land to Ali Makokha Wangatia, who subsequently sold half acre to the appellant. The respondent failed to include the appellant in the succession proceedings. The appellant has not presented any compelling material to demonstrate beyond reasonable doubt that justice will not be served until the proceedings herein are halted.
Facts
The appellant claims ownership of a parcel of land based on a purchase and adverse possession, while the respondent claims ownership based on registration. The respondent has filed a summons in Kakamega Succession Cause No. 661 of 2013 seeking review and redistribution of the estate.
Issues
- Whether the applicant has met the threshold for grant of stay of the proceedings in this matter.
- Whether the applicant has presented compelling material to demonstrate beyond reasonable doubt that justice will not be served until the proceedings herein are halted.
Reasoning
The court found that staying the proceedings would not be in the interests of justice as the respondent had already filed a summons in the High Court. The court emphasized that the interests of justice would not require the proceedings to be halted.
Outcome
The application for stay of proceedings is dismissed.
Orders
- The application dated 13th May 2025 is dismissed with costs to the respondent.
Authorities cited
Cases cited (1)
- Halsbury’s Laws of England 4th Edition Vol. 37 at p. 330
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