[2019] KEELC 3125 (KLR)
The court found that the notice of motion dated 10th February 2015 had remained unheard for over four years, causing undue delay in the proceedings. Guided by Section 19 of the Environment and Land Court Act, the court exercised its discretion to dispense with the pending application in order to expedite the hearing...
Source-derived case information.
- Citation
- [2019] KEELC 3125 (KLR)
- Parties
- Plaintiff: Catherine Naisinoi Kasanga; Defendant: Joash Nyamache Ongweso; Defendant: The District Land Registrar-Ngong
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 113 of 2015
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application
- Outcome
- Notice of motion dated 10th February 2015 dispensed with; parties directed to comply with pretrial directions for expeditious hearing of the main suit.
- Judges
- LC Komingoi
- Legal Topics
- Land Registration, Title Disputes, Pretrial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Naisinoi Kasanga
Plaintiff
Joash Nyamache Ongweso
Defendant
The District Land Registrar-Ngong
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the notice of motion dated 10th February 2015 should be dispensed with in light of the delay in hearing.
- 2 Whether the main suit should be expedited for hearing.
Ratio Decidendi
The court found that the notice of motion dated 10th February 2015 had remained unheard for over four years, causing undue delay in the proceedings. Guided by Section 19 of the Environment and Land Court Act, the court exercised its discretion to dispense with the pending application in order to expedite the hearing of the main suit. The court further directed the parties to comply with pretrial directions to facilitate a full hearing of the substantive dispute. The decision prioritizes the efficient administration of justice and avoidance of unnecessary procedural delays.
Court Disposition
Notice of motion dated 10th February 2015 dispensed with; parties directed to comply with pretrial directions for expeditious hearing of the main suit.
Orders
- The notice of motion dated 10th February 2015 is dispensed with.
- Parties are to comply with pretrial directions to enable the main suit to be heard fully.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC CIVIL CASE NO. 113 OF 2015 (OS)
IN THE MATTER OF: SECTION 27, 28 AND 159 OF THE REGISTERED LAND ACT CAP 300 THE LAWS OF KENYA (NOW REPEALED
AND
IN THE MATTER OF: SECTION 26(1) AND 80 (1) OF THE LAND REGISTRATION ACT, 2012
IN THE MATTER OF: THE CIVIL PROCEDURE ACT CAP 21 LAWS OF KENYA
AND
IN THE MATTER OF: TITLE LAND PARCEL NUMBER NGONG/NGONG/29225
BETWEEN
CATHERINE NAISINOI KASANGA...............................PLAINTIFF
AND
JOASH NYAMACHE ONGWESO
THE DISTRICT LAND REGISTRAR-NGONG........DEFENDANTS
RULING
1. The notice of motion dated 10th February 2015 was brought under certificate of urgency. It is more than four (4) years. The said application has not been heard and determined to date.
2. I am guided by Section 19 of the ELC Act in directing that the hearing of the main suit be expedited. Accordingly I declare that the notice of motion dated 10th February 2015 be dispensed with.
3. Parties do comply with pretrial directions so that the suit can be heard fully.
It is so ordered.
Dated, signed and delivered in Nairobi on this 9TH day of MAY 2019.
...........................
L. KOMINGOI
JUDGE
In the presence of:-
......................Advocate for the Plaintiff
.................Advocate for the Defendants
.......................................Court Assistant