[2019] KEELC 3609 (KLR)
The court found that, in the interest of justice and guided by Section 19 of the Environment and Land Court Act, the pending applications should be dispensed with so that the substantive matter can proceed to full hearing. This approach ensures that the issues in dispute are determined conclusively and without...
Source-derived case information.
- Citation
- [2019] KEELC 3609 (KLR)
- Parties
- Plaintiff: Anthony Kanja Gikuno; Defendant: Jane Wambui Macharia; Defendant: Bedans Auctioneering Services
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1328 of 2015
- Procedural Posture
- Civil Case / Directions Before Full Hearing
- Outcome
- Directions issued to dispense with pending applications and expedite hearing.
- Judges
- LC Komingoi
- Legal Topics
- Case Management, Expedited Hearing, Elc Act Section 19
- 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
Anthony Kanja Gikuno
Plaintiff
Jane Wambui Macharia
Defendant
Bedans Auctioneering Services
Defendant
Procedural Posture
Civil Case / Directions Before Full Hearing
Legal Issues
- 1 Whether the pending applications should be dispensed with to allow the matter to proceed to full hearing.
- 2 Whether expediting the hearing is in the interest of justice.
Ratio Decidendi
The court found that, in the interest of justice and guided by Section 19 of the Environment and Land Court Act, the pending applications should be dispensed with so that the substantive matter can proceed to full hearing. This approach ensures that the issues in dispute are determined conclusively and without unnecessary delay, aligning with the statutory mandate for expeditious disposal of cases in the Environment and Land Court.
Court Disposition
Directions issued to dispense with pending applications and expedite hearing.
Orders
- The parties are directed to expedite the hearing of this case.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC CIVIL CASE NO. 1328 OF 2015
ANTHONY KANJA GIKUNO.......................................PLAINTIFF/APPLICANT
VERSUS
JANE WAMBUI MACHARIA.........................1ST DEFENDANT/RESPONDENT
BEDANS AUCTIONEERING SERVICES....2ND DEFENDANT/RESPONDENT
DIRECTIONS
1. The plaintiff’s notice of motion dated 28th December 2015, the 1st defendant’s notice of motion dated 19th December 2016 and 28th January 2016 respectively are pending.
2. On the 13th April 2017, the Hon. J Gitumbi directed that they be heard and determined together. This was more than two (2) years ago. I am guided by Section 19 of the ELC Act in directing that the three application be dispensed with so that the matter can go to full hearing.
3. It is in the interest of justice that this matter is heard to conclusion. This way the issue herein will be determined once and for all.
4. The parties are hereby directed to expedite the hearing of this case.
It is so ordered.
Dated, signed and delivered in Nairobi on this 30TH day of APRIL 2019.
L. KOMINGOI
JUDGE
In the presence of:
………………………………………………………....….Advocate for the Plaintiff
…………………………………………….................Advocate for the 1st Defendant
………………………………………………...……..Advocate for the 2nd defendant
……………………………………………….………………………Court Assistant