[2023] KEELC 22337 (KLR)
The court declined to grant conservatory orders at this interlocutory stage because the matter was at its infancy, the orders sought would impact a judgment already delivered in a related case by a court of concurrent jurisdiction, and there were unresolved questions as to whether the proper parties had been sued in...
Source-derived case information.
- Citation
- [2023] KEELC 22337 (KLR)
- Parties
- Plaintiff: Bernado Vicezo De Masi (The Administrator of the Estate of Dominico De Masi); Defendant: Alice Njeri Kirima; Defendant: Anne Wangari Kirima; Defendant: James Njiguna Kirima; Defendant: John Garishon Kirima; Defendant: The Chief Lands Registrar; Defendant: Ministry of Lands & Housing; Defendant: Directorate of Criminal Investigations; Defendant: County Government of Nairobi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E187 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Application for Conservatory Orders at Interlocutory Stage
- Outcome
- Application for conservatory orders dismissed at interlocutory stage.
- Judges
- LN Mbugua
- Legal Topics
- Conservatory Orders, Estate Administration, Proper Parties, Interim Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernado Vicezo De Masi (The Administrator of the Estate of Dominico De Masi)
Plaintiff
Alice Njeri Kirima
Defendant
Anne Wangari Kirima
Defendant
James Njiguna Kirima
Defendant
John Garishon Kirima
Defendant
The Chief Lands Registrar
Defendant
Ministry of Lands & Housing
Defendant
Directorate of Criminal Investigations
Defendant
County Government of Nairobi
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Conservatory Orders at Interlocutory Stage
Legal Issues
- 1 Whether the court should grant conservatory orders at the interlocutory stage.
- 2 Whether the proper parties have been sued in relation to the estate of Kirima.
- 3 Whether the interested party's claim is sufficiently particularized to warrant interim relief.
Ratio Decidendi
The court declined to grant conservatory orders at this interlocutory stage because the matter was at its infancy, the orders sought would impact a judgment already delivered in a related case by a court of concurrent jurisdiction, and there were unresolved questions as to whether the proper parties had been sued in relation to the estate of Kirima. Additionally, the interested party's claim had not been sufficiently particularized, as the pleadings were incomplete. The court held that it could only be properly appraised of the claims of the different parties after pleadings were filed, and thus it was premature to grant interim relief.
Court Disposition
Application for conservatory orders dismissed at interlocutory stage.
Orders
- The application for conservatory orders dated 12.11.2023 is declined.
- No interim orders are granted at this stage.
Full Case Text
Judgment text and source record
29 paragraphs
De Masi (The Administrator of the Estate of Dominico De Masi ) v Alice Njeri Kirima, Anne Wangari Kirima, James Njiguna Kirima & (Being Sued as Court–Appointed Administrators, Trustees or Signatories of the Estate of Gerishon Kamau Kirima, Deceased) & 5 others (Environment & Land Case E187 of 2023) [2023] KEELC 22337 (KLR) (20 December 2023) (Ruling)
Neutral citation: [2023] KEELC 22337 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case E187 of 2023
LN Mbugua, J
December 20, 2023
Between
Bernado Vicezo De Masi (The Administrator of the Estate of Dominico De Masi )
Plaintiff
and
Alice Njeri Kirima, Anne Wangari Kirima, James Njiguna Kirima & (Being Sued as Court–Appointed Administrators, Trustees or Signatories of the Estate of Gerishon Kamau Kirima, Deceased)
1st Defendant
John Garishon Kirima
2nd Defendant
The Chief Lands Registrar
3rd Defendant
Ministry of Lands & Housing
4th Defendant
Directorate of Criminal Investigations
5th Defendant
County Government of Nairobi
6th Defendant
Ruling
1. This ruling relates to the prayers for conservatory orders sought in the application dated 12. 11. 2023 (prayer no 2). I have considered the arguments for and against issuance of the said orders.
2. This matter is at the infancy stage and the orders sought will certainly impact on the judgment delivered in case no 1257/14 on 23. 10. 2023 by a court of concurrent jurisdiction with this court.
3. I also find that the issue as to whether the proper persons have been sued relating to the estate of Kirima has been raised. This court is yet to be availed with the correct particulars regarding that issue.
4. As to the issue raised by the interested party, it is noted that the court is yet to see the nature and extent of their claim in so far as this suit is concerned. It is only after pleadings are filed can the court be well appraised of the claims of the different parties. At this stage the court declines to grant any interim orders.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 20TH DAY OF DECEMBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Gwandaru for Plaintiff ApplicantNyamu for Alice NjeriMiss Ochieng holding brief for Mr. Takor for 2nd Respondent (John)Kiima for the CountyCourt Assistant: Eddel