[2020] KEELC 1343 (KLR)
The court determined that, in the interest of caution and established practice, it was appropriate to first dispense with the pending application for stay of execution before proceeding with the main suit. This approach would ensure that any interim issues affecting the parties' positions or the property in dispute...
Source-derived case information.
- Citation
- [2020] KEELC 1343 (KLR)
- Parties
- Applicant: Dalco Trading Centre; Respondent: Kamaita Imathiu; Respondent: Lawrence N. Mugambi; Respondent: Mohamed Hashin Jamah; Respondent: Land Registrar, Tharaka Nithi County
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 18 of 2019
- Procedural Posture
- Ruling / Interlocutory Application; Pre Trial Directions
- Outcome
- Application for deferment of main suit hearing granted; directions issued for hearing of interlocutory application.
- Legal Topics
- Stay of Execution, Ownership Dispute, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dalco Trading Centre
Applicant
Kamaita Imathiu
Respondent
Lawrence N. Mugambi
Respondent
Mohamed Hashin Jamah
Respondent
Land Registrar, Tharaka Nithi County
Respondent
Procedural Posture
Ruling / Interlocutory Application; Pre Trial Directions
Legal Issues
- 1 Should the hearing of the main suit be deferred pending determination of the plaintiff's application for stay of execution?
- 2 Does the pending application for stay of execution affect the main suit concerning ownership of the property?
Ratio Decidendi
The court determined that, in the interest of caution and established practice, it was appropriate to first dispense with the pending application for stay of execution before proceeding with the main suit. This approach would ensure that any interim issues affecting the parties' positions or the property in dispute were resolved, thereby preventing potential prejudice and promoting orderly conduct of proceedings. The court exercised its discretion to sequence the hearing of applications and the main suit to achieve fairness and efficiency, granting timelines for responses and submissions on the interlocutory application and setting a date for further directions and hearing.
Court Disposition
Application for deferment of main suit hearing granted; directions issued for hearing of interlocutory application.
Orders
- The applicant for the application dated 12th August, 2020 is granted 3 days to further respond.
- All parties are granted open leave to further respond within 10 days of the ruling date, as necessary.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 18 OF 2019
FORMERLY MARIMANTI ELC 48 OF 2017
FORMERLY CHUKA ELC 191 OF 2017
DALCO TRADING CENTRE ......................................................APPLICANT/PLAINTIFF
VERSUS
KAMAITA IMATHIU........................................................1ST RESPONDENT/DEFENDANT
LAWRENCE N. MUGAMBI............................................2ND RESPONDENT/DEFENDANT
MOHAMED HASHIN JAMAH.......................................3RD RESPONDENT/DEFENDANT
LAND REGISTRAR, THARAKA NITHI COUNTY........4TH RESPONDENT/DEFENDANT
RULING
1. The defendants in this matter asked the court to defer hearing of this suit pending hearing and determination of the plaintiff’s application dated 12th August, 2020. The applicant was adamant that the application which sought a stay of execution of orders granted at Marimanti Law Courts did not affect the main hearing as the main suit concerned ownership of the property which determination would bring to a close the entire suit.
Whereas both parties have valid and cogent reasons in support of their diametrically opposed assertions, due to abundance of caution on the court’s part and also to pursue the trodden path, I am persuaded that the apposite application should be dispensed with first before hearing of the main suit proceeds. To hasten the hearing and determination of this suit the following orders are issued:
1. The applicant for the application dated 12th August, 2020 is granted 3 days to further respond and all parties are granted open leave to further respond, as and if necessary, within 10 days of today AND all parties are to file their submissions within 14 days after close of the responses.
2. The parties will come back to court for directions regarding the application and for full hearing of the main suit on 21st October, 2020.
Delivered in open Court at Chuka this 22nd day of September, 2020 in the presence of:
CA: Ndegwa
Murango Mwenda for 1st and 2nd defendants
Siagi for the plaintiff
Wanyaga for the 3rd defendant
Kiongo for the 4th defendant
P. M. NJOROGE,
JUDGE.