Baraka v Shogobe (Secretary t/a Muslim Mosque Committee) (Environment and Land Appeal E004 of 2025) [2025] KEELC 1207 (KLR)

Baraka v Shogobe (Secretary t/a Muslim Mosque Committee) (Environment and Land Appeal E004 of 2025) [2025] KEELC 1207 (KLR) (13 March 2025) (Ruling) Neutral citation: [2025] KEELC 1207 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT VIHIGA ENVIRONMENT AND LAND APPEAL E004 OF 2025 E ASATI, J MARCH 13, 2025 BETWEEN IDD BARAKA .......................................................................................... APPELLANT AND ZUBEIR SHOGOBE (SECRETARY T/A MUSLIM MOSQUE COMMITTEE) ...................................................................................... RESPONDENT RULING 1. I have considered the oral submissions in respect of the application dated 17/2/2025. Counsel for the applicant submits that an order of interim stay of execution of the orders of the lower court be granted awaiting delivery of the judgement in Vihiga ELC Case No E001 of 2023 which is expected to be delivered on 15/5/2025. That the said judgement will determine whether or not the lower court suit shall continue or be withdrawn. 2. Counsel for the Respondent on the other hand submitted that the orders granted in the lower court case No Vihiga MCELC NO. 212 OF 2024 will not afiect the anticipated judgement as the said orders were temporary and related to rent. That the application could be deferred to a date after the judgement. 3. There is no doubt that the case before the trial court concerns the subject matter in Vihiga ELC Case No E001 of 2023 pending judgement before this court on 15/5/2025. 4. For the interest of justice and to avoid confiicting judicial decisions over the same subject matter, the proceedings in and execution of the orders of the trial court dated 22nd January 2025 in Vihiga MCLE Case No 212 OF 2024 are hereby stayed pending delivery of the judgement in Vihiga ELC Case No E001 OF 2023. 5. This matter will be mentioned on 15/5/2025 after delivery of the judgement in Vihiga ELC Case No E001 of 2023 for directions. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1207/eng@2025-03-13 1

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