[2018] KEELC 4118 (KLR)
The court found that the stay of proceedings was granted solely to await the outcome of Judicial Review No. 7/17. Since that judicial review matter has now been finalized, the basis for the stay no longer exists. Accordingly, the application to set aside the stay order is merited and is allowed, so that the main...
Source-derived case information.
- Citation
- [2018] KEELC 4118 (KLR)
- Parties
- Plaintiff: Esther Kimathi Mwimbi; Defendant: Zaverio Mithika
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 153 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Set Aside Stay Order
- Outcome
- Application allowed; stay order set aside; suit to be set down for hearing on priority basis.
- Legal Topics
- Stay of Proceedings, Judicial Review Outcome, Setting Aside Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Kimathi Mwimbi
Plaintiff
Zaverio Mithika
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Stay Order
Legal Issues
- 1 Whether the stay of proceedings should be set aside following the conclusion of Judicial Review No. 7/17.
- 2 Whether the case should be allocated a hearing date on a priority basis.
Ratio Decidendi
The court found that the stay of proceedings was granted solely to await the outcome of Judicial Review No. 7/17. Since that judicial review matter has now been finalized, the basis for the stay no longer exists. Accordingly, the application to set aside the stay order is merited and is allowed, so that the main suit may proceed to hearing without further delay.
Court Disposition
Application allowed; stay order set aside; suit to be set down for hearing on priority basis.
Orders
- The order made on 14.11.2017 staying this case pending hearing and determination of Meru ELC J.R application No. 7 of 2017 and all consequential orders is set aside.
- This case shall be allocated a date for hearing on a priority basis.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 153 OF 2017
ESTHER KIMATHI MWIMBI...............PLAINTIFF/APPLICANT
VERSUS
ZAVERIO MITHIKA........................DEFENDANT/RESPONDENT
RULING
1. I have seen the orders given by myself vide ruling of 13. 11. 2017. Indeed, I granted a stay of these proceedings to await the outcome of the Judicial Review No. 7/17. That Judicial Review case is now finalized. As such the present application is merited. The application dated 26. 2.2018 seeking the following orders is allowed.
i. “That the order made herein on 14. 11. 2017 staying this case pending hearing and determination of Meru ELC J.R application No. 7 of 2017 and all consequential orders be set aside, and this case be allocated a date for hearing on priority basis.
ii. That costs of the application be in the main cause”.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 8th MARCH, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
K. Gitonga holding brief for C.P Mbaabu for plaintiff
HON. LUCY. N. MBUGUA
ELC JUDGE