[2017] KEELC 1847 (KLR)

[2017] KEELC 1847 (KLR)

The court found that the Notice of Motion dated 10th July 2015 was overtaken by events because the suit had already proceeded to formal proof and a final judgment had been delivered on 30th March 2012. As such, there was no interlocutory judgment left to set aside, and the application was therefore dismissed with...

Source-derived case information.

Citation
[2017] KEELC 1847 (KLR)
Parties
Plaintiff: Dishon Gitau Mburu; Defendant: Nairobi City Council; Defendant: Francis Gichomo
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Case 67 of 2011
Procedural Posture
Notice of Motion / Ruling on Application to Set Aside Interlocutory Judgment
Outcome
application dismissed
Judges
MM Gitumbi
Legal Topics
Setting Aside Judgment, Interlocutory Judgment, Formal Proof, Land Dispute
Source Language
en
Civil Procedure Land and Property Setting Aside Judgment Interlocutory Judgment Formal Proof Land Dispute

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Parties

Dishon Gitau Mburu

Plaintiff

Nairobi City Council

Defendant

Francis Gichomo

Defendant

Procedural Posture

Notice of Motion / Ruling on Application to Set Aside Interlocutory Judgment

Legal Issues

  1. 1 Whether the Notice of Motion dated 10th July 2015 seeking to set aside the interlocutory judgment is merited in light of subsequent proceedings.
  2. 2 Whether the application has been overtaken by events due to the delivery of final judgment after formal proof.

Ratio Decidendi

The court found that the Notice of Motion dated 10th July 2015 was overtaken by events because the suit had already proceeded to formal proof and a final judgment had been delivered on 30th March 2012. As such, there was no interlocutory judgment left to set aside, and the application was therefore dismissed with costs. The court emphasized that it will not grant orders that serve no practical purpose or have been rendered redundant by subsequent proceedings.

Court Disposition

application dismissed

Orders

  • Notice of Motion dated 10th July 2015 is dismissed with costs.