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…That the Applicant had not established any nexus between the proceedings in Mombasa and the present proceedings before the Kwale ELC.…

…The subject of the proceedings before me are not based on breach of the sale agreement. 10 But having stated the above and having considered the grounds and the proceedings in the suit before me, the main issue for determination…

…and/or further proceedings and/or hearing and/or any action in this suit. 2.…

…If the rule were otherwise, it would seriously impede proceedings in the trial Courts.…

…It was alleged that the Plaintiffs in the lower court proceedings and who are the 5th and 6th Defendants in the present suit were aware of the proceedings herein having ben joined through an application dated 31/01/22.…

…I directed Ms Kayata for the Plaintiffs in these proceedings to familiarise with the lower court proceedings and their import on this suit.…

…Vo. 37 at page 330 and 332 stats as follows as relates stay of proceedings: “The stay of proceedings is a serious, grave and fundamental interruption in the right that a party has to conduct his litigation towards the trial…

…Courts have, over time, pronounced themselves on stay of proceedings.…

…Vo. 37 at page 330 and 332 stats as follows as relates stay of proceedings: “The stay of proceedings is a serious, grave and fundamental interruption in the right that a party has to conduct his litigation towards the trial…

…Courts have, over time, pronounced themselves on stay of proceedings.…

…The Applicants seek joinder as interested parties in these proceedings in addition to the setting aside of the entire proceedings and judgment of this court.…

…Joinder of parties to proceedings is governed by Order 1 of the Civil Procedure Rules.…

…It is submitted that on the same day, 18th March 2025, the plaintiffs filed the instant suit whose pleadings are identical to the proceedings in the Kiambu proceedings save for the place of suing. 20.…

…It is contended that decision to institute fresh proceedings in Machakos without disclosing the Kiambu proceedings is not an error but a deliberate act by the plaintiffs after they were aware of Mshila J’s orders.…

…Stay of proceedings is a grave judicial action which seriously interferes with the right of a litigant to conduct his litigation.…

…Therefore, the test for stay of proceedings is high and stringent.” 7.…

…It is this intended appeal that precipitates the instant application for a stay of proceedings. 4.   …

…While Order 42 Rule 6 provides the statutory foundation, the specific threshold for staying proceedings (as opposed to execution) is an exercise of judicial discretion.…

…d) Whether the Appeal would be rendered nugatory if the stay of proceedings is not granted?…

…e) Whether there are exceptional circumstances which make the stay of proceedings warranted as opposed to having the case concluded and all arising grievances taken up on a single appeal?…

…proceedings. 4.…

…It must be understood within the context of the proceedings in which the order was made.…

…when they applied and obtained the proceedings thereof. 25.   …

…The question to be answered is when did the Respondents procure the proceedings in relation ELDORET HIGH COURT CASE NO. 34 OF 1985? 26.   …

…The Applicant will be prejudiced improperly and the suit filed therein will be rendered nugatory if stay of proceedings and or stay of further proceedings is not granted and the declaratory suit succeeds thereafter.…

…That there will be conflicting orders from different courts if stay of proceedings is not granted.…

…At the same time he recived an order of this court staying the proceedings in the primary suit.…

…The requirements for stay of proceedings are different from those of stay of execution.…

…Vol. 37 pages 330 and 332, sheds more light on stay of proceedings and states thus: The stay of proceedings is a serious, grave and fundamental interruption in the right that a party has to conduct his litigation towards…

…The fact of filing a Notice of Appeal is not an automatic stay of execution or stay of proceedings.…

…Vol. 37 page 330 and 332, describes stay of proceedings as: “The stay of proceedings is a serious, grave and fundamental interruption in the right that a party has to conduct his litigation towards the trial on the basis…

…It is incumbent upon the Applicant to show that she has exceptional circumstances that warrants the court to order stay of proceedings.…

…Consequently, I am of the view that the proceedings herein should be stayed.…

…The 2nd defendant has pointed out that the plaintiff has now found itself in a similar situation of needing a stay due to other proceedings pending elsewhere, which proceedings, according to the 2nd defendant, are calculated…

…E018 of 2024, as they are not parties to these proceedings, and that the pendency of ELC No.…

…leave to defend, or the proceedings so far should be set aside, allowing the applicant to defend. 10.…

…Stay of proceedings is provided for in Section 6 of the Civil Procedure Act where an issue is directly and substantially in issue in proceedings between the same parties, another court ought to stay its proceedings in respect…

…Of the relief of stay of proceedings, it was stated in the case of Kenya Wildlife Service Vs James Mutembei (2019) eKLR, that: “Stay of proceedings should not be confused with stay of execution pending appeal.…