[2017] KEHC 4351 (KLR)
The court declined to grant interim orders because previous interim orders had already been vacated by a prior judge, and it would be inconsistent to reinstate them. The court also refused the amendment of the originating summons, noting that the application was made eleven years after the suit was filed and that...
Source-derived case information.
- Citation
- [2017] KEHC 4351 (KLR)
- Parties
- Plaintiff: Emilio Marangu M'Ndiiri; Defendant: Anjero Munene Marindi; Defendant: Lawrence Antony Kinyua; Defendant: Faith Nkinga Kabucha
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 99 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application dismissed
- Judges
- FM Njoroge
- Legal Topics
- Interim Injunctions, Amendment of Pleadings, Expeditious Hearing, Remedies for Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emilio Marangu M'Ndiiri
Plaintiff
Anjero Munene Marindi
Defendant
Lawrence Antony Kinyua
Defendant
Faith Nkinga Kabucha
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether interim orders should be granted in favour of the plaintiff.
- 2 Whether the plaintiff should be allowed to amend the originating summons eleven years after the suit was filed.
- 3 Whether damages would be a sufficient remedy if the plaintiff succeeds.
Ratio Decidendi
The court declined to grant interim orders because previous interim orders had already been vacated by a prior judge, and it would be inconsistent to reinstate them. The court also refused the amendment of the originating summons, noting that the application was made eleven years after the suit was filed and that further amendment would only delay the resolution of the matter. The court relied on the earlier opinion that damages would be a sufficient remedy if the plaintiff succeeded, and prioritized the expeditious hearing and disposal of the suit over further interlocutory applications.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The suit will be heard on 28.09.2017.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 99 OF 2017
FORMERLY MERU HCC NO. 73 OF 2006
EMILIO MARANGU M’NDIIRI……………..............…..………………..PLAINTIFF
VERSUS
ANJERO MUNENE MARINDI……………...………………... 1ST DEFENDANT
LAWRENCE ANTONY KINYUA…….………………………..2ND DEFENDANT
FAITH NKINGA KABUCHA……………………..…………….3RD DEFENDANT
RULING
1. This application was slated for interpartes hearing on 11. 7.2017. The defendants were not in court. The plaintiff Emilio Maranga M’Ndiiri was in court. His advocate, Mwenda Mwarania, was absent.
2. It is noted that on 9th July, 2009, the Hon. Mary Kasango vacated the extant interim orders. In the circumstances, I am unable to grant interim orders in terms of prayers 3 and 4.
3. In the interest of Justice, and noting that this application was filed 11 years after the suit was filed and also taking into account that the Hon. Lady Justice Kasango had opined that if the plaintiff won this case, damages would be a sufficient remedy, I do not wish to contradict her. The amendment of the originating summons, as sought, will further delay the hearing and disposal of this suit. To remedy this situation, I order the expeditious hearing of this suit.
4. In the circumstances, this application is dismissed.
5. The suit will be heard on 28. 09. 2017.
6. The plaintiff is ordered to serve the defendants with the orders issued today by the court, including the date fixed for hearing.
7. Costs shall be in the cause.
8. It is so ordered.
Delivered in open court at Chuka this 11th day of July, 2017 in the presence of:
CA: Ndegwa
Emilio Marangu M’Ndiiri - plaintiff
P.M. NJOROGE
JUDGE