Freudenthal & another v Ryrie & another (Environment and Land Case E051 of 2023) [2026] KEELC 2468 (KLR) (28 April 2026) (Ruling)

Freudenthal & another v Ryrie & another (Environment and Land Case E051 of 2023) [2026] KEELC 2468 (KLR) (28 April 2026) (Ruling)

The interim order compelling a joint survey was issued without hearing the defendants, contrary to the constitutional right to be heard. The order is set aside to allow the application to be heard inter partes.

Citation
[2026] KEELC 2468 (KLR)
Parties
Plaintiff: Emmanuel Freudenthal & another; 1st Defendant: Sonia Ryrie; 2nd Defendant: Charles Bruce Arthur
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
28 April 2026
Case Number
Environment and Land Case E051 of 2023
Procedural Posture
Environment and Land Case / Ruling on Application to Set Aside Interim Order
Outcome
Application allowed; interim order set aside
Legal Topics
Interim Orders, Right to Be Heard, Survey of Land, Ultra Vires Orders
Source Language
English
Civil Procedure Land Law Constitutional Law Interim Orders Right to Be Heard Survey of Land Ultra Vires Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Emmanuel Freudenthal & another

Plaintiff

Sonia Ryrie

1st Defendant

Charles Bruce Arthur

2nd Defendant

Procedural Posture

Environment and Land Case / Ruling on Application to Set Aside Interim Order

Legal Issues

  1. 1 Whether the interim order for a joint survey should be set aside for want of hearing the defendants
  2. 2 Whether the order was ultra vires the pleadings and prejudicial to non-parties

Ratio Decidendi

The interim order compelling a joint survey was issued without hearing the defendants, contrary to the constitutional right to be heard. The order is set aside to allow the application to be heard inter partes.

Court Disposition

Application allowed; interim order set aside

Orders

  • Order number 2 granted on 15th October 2025 is set aside.
  • Matter to be mentioned on 14th May 2026 for directions on the hearing of the application dated 13th October 2025.