Muturi v Bei International t/a Scorpio Villas & 3 others [2023] KEELC 21847 (KLR)

Muturi v Bei International t/a Scorpio Villas & 3 others (Environment & Land Case 159 of 2017) [2023] KEELC 21847 (KLR) (30 November 2023) (Ruling)

Neutral citation: [2023] KEELC 21847 (KLR)

Republic of Kenya

In the Environment and Land Court at Malindi

Environment & Land Case 159 of 2017

FM Njoroge, J

November 30, 2023

Between

Amon Muturi

Plaintiff

and

Bei International t/a Scorpio Villas

1st Defendant

Office of the Attorney General

2nd Defendant

Kenya Wildlife Services

3rd Defendant

National Environment Management Authority

4th Defendant

Ruling

1. This is a ruling on the motion dated 3/10/2023 filed on 4/10/23 by Lucy Wangari Mwangi & Co. on behalf of the 1st defendant. The application seeks orders that:1. ……..Spent.2. This Honourable Court be pleased to temporarily stay further proceedings in this suit pending the hearing and determination of this application;

3. This honourable court be pleased to stay further proceedings in this suit pending the hearing and determination of the Appeal;

4. Costs of this application be provided for.2. The application arises from the ruling of this court that made a finding that it is not satisfied that the proposed amendments would facilitate the determination of the real questions in controversy in the suit.3. The application is unopposed. The applicant has undertaken to prosecute the appeal expeditiously and update this court on the progress thereof.4. I have considered that it is the inalienable right of a party to challenge any order from which an appeal is provided for and with which they may be dissatisfied with by way of an appeal. I note that a notice of appeal has been filed in this case and I am satisfied that for the purposes of the instant application an appeal is deemed to be have been lodged. If more proceedings are undertaken in this matter there may be a risk that judicial time may be wasted in the event the appeal is prosecuted and it is allowed.5. Consequently, I allow the application dated 3/10/2023 on condition that the record of appeal shall be filed and served within 45 days from the date of this order in default of which the orders herein shall lapse and normal proceedings herein shall resume.

DATED, SIGNED AND DELIVERED AT MALINDI ON THIS 30TH DAY OF NOVEMBER 2023. MWANGI NJOROGEJUDGE, ELC MALINDI.