Abdi v Pamoja Construction Limited & 2 others; Kenya United Sports Ltd (Third party) (Environment & Land Case E082 of 2023) [2025] KEELC 394 (KLR)
The bottom line
#The court paused the lawsuits for only eight months, showing that even strong appeals won't stop other people's cases forever.
What this practically means
#Executive summary
#Key legal issues
#Whether stay of proceedings pending appeal should be granted under Order 42 rule 6
Stay was granted for a limited period of eight months because the consolidated suits' claims for refund are linked to the appealed judgment nullifying the Third Party's title
The court found that although the plaintiffs seek refunds from the 1st Defendant rather than transfer of the disputed land, their refund claims arise from the judgment in ELC 351 of 2008 cancelling the title, and any adverse orders against the 1st Defendant would be passed on to the Third Party. The pending appeal may therefore affect the claims. Nonetheless, stay of proceedings interferes with access to justice, so it was limited to eight months.
Whether section 6 of the Civil Procedure Act (sub judice) applied to the application
No - the application was brought under Order 42 rule 6, not section 6 of the Civil Procedure Act
The court held parties are bound by their pleadings; none of the grounds in support of the application invoked section 6 of the Civil Procedure Act, so the 1st Defendant's submissions relying on that section were out of context, even though a party may move the court to stay proceedings under that section.
Legal principles established
#- Stay of proceedings is a grave judicial action that seriously interferes with a litigant's right to conduct litigation and the test is high and stringent
Court orders
#- 1.Stay of proceedings in the consolidated suits granted for a limited period of eight (8) months, with the matters to be fixed for hearing thereafter
- 2.The application dated 6th November 2024 is allowed with costs in the cause
- Jurisdiction invoked
- Order 42 rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abdi v Pamoja Construction Limited & 2 others; Kenya United Sports Ltd (Third party) (Environment & Land Case E082 of 2023) [2025] KEELC 394 (KLR)", Case Analysis (2025). ELC E082 of 2023 (Consolidated with ELC 104 of 2020, E380 of 2022 and E012 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/394/eng@2025-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.