[2019] KEELC 3896 (KLR)
The court found that the order directing the County Criminal Investigations Officer to investigate the circumstances surrounding a suspicious order presented to the Land Registrar, Chuka, would likely delay the hearing and determination of the suit, which had already been scheduled. The court exercised its...
Source-derived case information.
- Citation
- [2019] KEELC 3896 (KLR)
- Parties
- Plaintiff: Dionecia Ciandeke; Defendant: Ndururu Nyaga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 15 of 2018
- Procedural Posture
- Land and Property Suit / Interlocutory Ruling
- Outcome
- Order for criminal investigations vacated; suit to proceed to hearing as scheduled.
- Judges
- FM Njoroge
- Legal Topics
- Land Dispute, Court Orders, Investigation Orders, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dionecia Ciandeke
Plaintiff
Ndururu Nyaga
Defendant
Procedural Posture
Land and Property Suit / Interlocutory Ruling
Legal Issues
- 1 Whether the court's previous order directing criminal investigations into a suspicious order presented to the Land Registrar should be vacated.
- 2 Whether the continuation of investigations would prejudice or delay the hearing and determination of the suit.
Ratio Decidendi
The court found that the order directing the County Criminal Investigations Officer to investigate the circumstances surrounding a suspicious order presented to the Land Registrar, Chuka, would likely delay the hearing and determination of the suit, which had already been scheduled. The court exercised its discretion to vacate the investigation order in the interests of expeditious disposal of the matter. The court further directed that the Chuka Law Courts would handle the matter internally and reaffirmed the timelines for compliance with Order 11 of the Civil Procedure Rules by both parties, ensuring that the hearing date would not be affected.
Court Disposition
Order for criminal investigations vacated; suit to proceed to hearing as scheduled.
Orders
- The order directing the County Criminal Investigations Officer to investigate the suspicious order presented to the Land Registrar, Chuka, is hereby vacated.
- The Chuka Law Courts will handle the matter internally.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 15 OF 2018
DIONECIA CIANDEKE........................................................PLAINTIFF
VERSUS
NDURURU NYAGA............................................................DEFENDANT
RULING
1. I issued a ruling this morning. This afternoon, I have been moved to remove the order directing the County Criminal Investigations Officer to undertake investigations concerning a suspicious order presented to the District Land Registrar, Chuka. The advocates representing the parties held the view that since this matter had already been given a hearing date, the intended investigations would have the effect of delaying the hearing and determination of the suit. I agree.
2. I issue the following orders:
1. A determination is hereby made that the order issued by this court that the circumstances leading to the preparation of the suspicious order presented to the Land Registrar, Chuka, be investigated is hereby vacated.
2. The Chuka Law Courts will handle this matter internally.
3. All other contents contained in this court’s Ruling dated 2nd April,2019 remain and in particular the plaintiff should comply with order 11, CPR, within 14 days of today and the defendant is required to do so within 14 days after receipt of the plaintiff’s compliance documents and NEVERTHELESSto do so after expiry of the period granted to the plaintiff.
4. As already directed, HEARING of this suit will take place on 11th June, 2019.
Delivered in open Court at Chuka this 2nd day of April, 2019 in the presence of:
CA: Ndegw
Kirimi Muturi for the Plaintiff
Joe Kathungu for the defendant
P.M. NJOROGE
JUDGE