[2023] KEELC 20309 (KLR)
The court found that its earlier order merely stayed the proceedings pending the determination of other related matters. Since the applicant did not demonstrate any error or sufficient reason to warrant review, and as the application was not defended, the court held that there was nothing to review. The proper...
Source-derived case information.
- Citation
- [2023] KEELC 20309 (KLR)
- Parties
- Plaintiff: Ali Juma Abdirahman; Plaintiff: Rehema Charo Mungumba; Defendant: Kadii Kaingu Mole
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1 of 2019
- Procedural Posture
- Environment and Land Case / Ruling on Application for Review
- Outcome
- application dismissed
- Judges
- EK Makori
- Legal Topics
- Review of Court Orders, Stay of Proceedings, Provisional Title Cancellation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ali Juma Abdirahman
Plaintiff
Rehema Charo Mungumba
Plaintiff
Kadii Kaingu Mole
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Review
Legal Issues
- 1 Whether the court should review its earlier ruling dated 22nd September 2022.
- 2 Whether the application for cancellation of the provisional title is merited in light of the previous stay order.
Ratio Decidendi
The court found that its earlier order merely stayed the proceedings pending the determination of other related matters. Since the applicant did not demonstrate any error or sufficient reason to warrant review, and as the application was not defended, the court held that there was nothing to review. The proper course, if the related matters had been resolved, would be to take steps to conclude the current suit rather than seek review of the stay order. Accordingly, the application for review was dismissed.
Court Disposition
application dismissed
Orders
- The application dated 19th October 2022 is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
Abdirahman & another v Mole (Environment & Land Case 1 of 2019) [2023] KEELC 20309 (KLR) (28 September 2023) (Ruling)
Neutral citation: [2023] KEELC 20309 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment & Land Case 1 of 2019
EK Makori, J
September 28, 2023
Between
Ali Juma Abdirahman
1st Plaintiff
Rehema Charo Mungumba
2nd Plaintiff
and
Kadii Kaingu Mole
Defendant
Ruling
1. I have an application for review drafted and seeking orders from this court in this manner:a)That the Honourable Court be pleased to review the Ruling dated the 22nd September 2022 by ordering the cancellation of the provisional title issued on 20th July 2018. b)That costs of the application be provided for.
2. The Ruling by this court - Olola J was to this effect:-“As it were Section 6 of the Civil Procedure Act bars this court from proceeding with this trial in which the matter in issue is in a previously instituted suit or proceedings between the same parties or parties under whom they or any of them claim, litigating under the same title.In the circumstances herein I think it is only fair that these proceedings be stayed pending concussion of the suit by the Plaintiff which appears to me to be capable of resolving the dispute herein. I so order”
3. The Judge simply stayed the current suit pending the determination of other matters filed which matters Mr. Mwadilo contended have been resolved. If resolved then the proper manner to proceed - if anything is pending in this suit is to take steps to conclude the current one. There is nothing to review.
4. The application dated 19th October 2022 is hereby dismissed. No order as to costs since it was not defended.
DATED, SIGNED, AND DELIVERED AT MALINDI VIRTUALLY ON THIS 28TH DAY OF SEPTEMBER 2023 IN THE ABSENCE OF PARTIES WHO WERE NOTIFIED.E. K. MAKORIJUDGE