[2021] KEELC 2916 (KLR)
The court found that the application to stay and set aside the orders of 10.5.2021 was filed over a month after the impugned decision, which militated against certification of urgency. However, the court exercised its discretion to direct that the application be heard on a priority basis. The court did not grant any...
Source-derived case information.
- Citation
- [2021] KEELC 2916 (KLR)
- Parties
- Plaintiff: Aggrey Murage Ethang’atha; Plaintiff: Sarah Mwathera; Defendant: Erick Kinoti Ethang’atha; Defendant: Moses Ndereba Ethang’atha; Defendant: William Nkumbuku Ethang’atha; Defendant: Humphrey Kiramana
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 13 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Stay and Set Aside Interlocutory Orders
- Outcome
- Application not certified as urgent; to be heard on priority basis.
- Legal Topics
- Interlocutory Injunctions, Stay of Orders, Material Non Disclosure, Service of Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Aggrey Murage Ethang’atha
Plaintiff
Sarah Mwathera
Plaintiff
Erick Kinoti Ethang’atha
Defendant
Moses Ndereba Ethang’atha
Defendant
William Nkumbuku Ethang’atha
Defendant
Humphrey Kiramana
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Stay and Set Aside Interlocutory Orders
Legal Issues
- 1 Whether the application to stay and set aside the orders of 10.5.2021 should be certified as urgent.
- 2 Whether the orders of 10.5.2021 should be stayed or set aside pending inter partes hearing.
- 3 Whether there was material non-disclosure justifying discharge of the orders.
Ratio Decidendi
The court found that the application to stay and set aside the orders of 10.5.2021 was filed over a month after the impugned decision, which militated against certification of urgency. However, the court exercised its discretion to direct that the application be heard on a priority basis. The court did not grant any interim stay or discharge of the orders at this stage, instead ordering service of the application upon the respondents and setting a date for inter partes hearing. The court emphasized the importance of promptness in seeking urgent relief and the need for both parties to be heard before substantive orders are made.
Court Disposition
Application not certified as urgent; to be heard on priority basis.
Orders
- The application to be served upon the respondents within 14 days.
- The application to be heard inter partes by Hon. Lady Justice Lucy Mbugua at Meru on 7th July, 2021.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
MERU ELC CASE NO. 13 OF 2020 (OS)
IN THE MATTER OF LAND PARCELS NOs. TIGANIA WEST/URINGU 11/644; 2096 & 937
AGGREY MURAGE ETHANG’ATHA.............1ST PLAINTIFF/RESPONDENT
SARAH MWATHERA.....................................2ND PLAINTIFF/RESPONDENT
VERSUS
ERICK KINOTI ETHANG’ATHA.....................1ST DEFENDANT/APPLICANT
MOSES NDEREBA ETHANG’ATHA...............2ND DEFENDANT/APPLICANT
WILLIAM NKUMBUKU ETHANG’ATHA......3RD DEFENDANT/APPLICANT
HUMPHREY KIRAMANA...............................4TH DEFENDANT/APPLICANT
RULING
1. This application states that it has been brought to court under Order 40 Rule 7 of the Civil Procedure Rules. It seeks the following orders:
1. That this application be certified as urgent and be heard on priority basis.
2. That this honourable court be pleased to stay the orders of 10. 5.2021 on such terms as it would deem fit in the interests of justice pending the hearing of this application.
3. That this court be pleased to discharge or set-aside the orders of 10. 5.2021 in the interests of justice.
4. That costs be in the cause.
2. The application is supported by the affidavit of Eric Kinoti Ethang’atha, the 1st applicant sworn on 12th June, 2021 and has the following grounds:
a) That the applicants are dissatisfied with the orders of this court given on 10. 5.2021 and issued on 19. 5.2021.
b) That the orders of this court have brought undue hardship on the applicants.
c) That the orders were obtained through material non-disclosure as the applicants live on the land and an order of injunction will effectively evict them if enforced.
d) That it is in the interests of justice that the orders of 10. 5.2021 be discharged.
3. I have perused the application and the supporting pleadings. I note that the application has been filed over one month after the impugned decision was delivered on 10th May, 2021.
4. In the circumstances, I am inclined not to certify the application as urgent. It will, however, be heard on priority basis. The following orders are issued:
a) The application to be served upon the respondents within 14 days of today.
b)The application to be heard interpartes by the Hon. Lady Justice Lucy Mbugua, ELC Judge, at Meru on 7th July, 2021.
DELIVERED IN CHAMBERS AT CHUKA THIS 15TH DAY OF JUNE, 2021 IN THE PRESENCE OF:
CA: Ndegwa
Matter handled in the absence of the parties.
P. M. NJOROGE,
JUDGE.