[2022] KEELC 1547 (KLR)
The court found that the application dated 6th March 2019 was not filed in the present suit but in a judicial review matter. As such, the Environment and Land Court lacked jurisdiction to entertain or determine the application within this cause. The directions previously given on 8th November 2021, which purported...
Source-derived case information.
- Citation
- [2022] KEELC 1547 (KLR)
- Parties
- Applicant: Equilab Technologies Limited; Respondent: The Hon Attorney General; Respondent: Nairobi City County; Respondent: Ministry of State Interior & Coordination of National Government; Respondent: The National Land Commission; Respondent: The Chief Land Registrar
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 252 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Directions
- Outcome
- Application not determined; matter marked as closed.
- Judges
- LN Mbugua
- Legal Topics
- Land Registration, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Equilab Technologies Limited
Applicant
The Hon Attorney General
Respondent
Nairobi City County
Respondent
Ministry of State Interior & Coordination of National Government
Respondent
The National Land Commission
Respondent
The Chief Land Registrar
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Directions
Legal Issues
- 1 Whether the application dated 6th March 2019 was properly filed in this suit.
- 2 Whether the court should proceed to determine an application not filed in the present matter.
Ratio Decidendi
The court found that the application dated 6th March 2019 was not filed in the present suit but in a judicial review matter. As such, the Environment and Land Court lacked jurisdiction to entertain or determine the application within this cause. The directions previously given on 8th November 2021, which purported to allow the application to be argued in this suit, were made in error and were therefore set aside. The matter was marked as closed since there was no proper application before the court for determination.
Court Disposition
Application not determined; matter marked as closed.
Orders
- Directions given on 8.11.2021 are set aside.
- This matter is marked as CLOSED.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC CASE NO. 252 OF 2015
EQUILAB TECHNOLOGIES LIMITED......................................PETITIONER
VERSUS
THE HON ATTORNEY GENERAL......................................1ST RESPONDENT
NAIROBI CITY COUNTY....................................................2ND RESPONDENT
MINISTRY OF STATE INTERIOR &
COORDINATION OF NATIONAL GOVERNMENT........3RD RESPONDENT
THE NATIONAL LAND COMMISSION............................4TH RESPONDENT
THE CHIEF LAND REGISTRAR.......................................5TH RESPONDENT
RULING
1. Coming up for determination is an application dated 6th March 2019 filed by the Petitioner/Applicant. However, the said application is not filed in this matter. It is in the Judicial Review suit. Judge Eboso in his ruling dated 4. 10. 2021 did give directions that the said application was to be argued in the cause in which the said application was filed. Thus the directions given on 8. 11. 2021 are hereby set aside as the Application is not filed in this suit. This matter is marked as CLOSED.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 26TH DAY OF JANUARY, 2022 THROUGH MICROSOFT TEAMS.
LUCY N. MBUGUA
JUDGE
In the presence of:-
Wawire holding brief for A. Gichabo for Applicant
Kwanga Mboga for Respondent
Court Assistant: Eddel Barasa