[2018] KEELC 403 (KLR)
The court found that the application to prevent the burial of James Karwege on the specified parcel had been overtaken by events, as the alleged burial was scheduled for a date more than a year prior to the ruling. Since the event had already occurred or the time for its occurrence had long passed, the court held...
Source-derived case information.
- Citation
- [2018] KEELC 403 (KLR)
- Parties
- Plaintiff: Fredrick Njoroge; Plaintiff: Peter Gacheru; Plaintiff: Stephen Nganga Njoroge; Defendant: Francis Maingi Njoroge; Defendant: Mary Wairimu Karuigi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 986 of 1997
- Procedural Posture
- Notice of Motion / Ruling on Interlocutory Application
- Outcome
- Application dismissed as overtaken by events; parties directed to proceed with main suit.
- Judges
- LC Komingoi
- Legal Topics
- Burial Disputes, Interlocutory Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Fredrick Njoroge
Plaintiff
Peter Gacheru
Plaintiff
Stephen Nganga Njoroge
Plaintiff
Francis Maingi Njoroge
Defendant
Mary Wairimu Karuigi
Defendant
Procedural Posture
Notice of Motion / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the plaintiffs are entitled to an order preventing the interment of the remains of James Karwege on Parcel No. Kiambaa/Waguthu/1609.
- 2 Whether the application for injunction has been overtaken by events and is therefore moot.
Ratio Decidendi
The court found that the application to prevent the burial of James Karwege on the specified parcel had been overtaken by events, as the alleged burial was scheduled for a date more than a year prior to the ruling. Since the event had already occurred or the time for its occurrence had long passed, the court held that it would not be in the interest of justice to deliver a ruling on the interlocutory application. The court exercised its discretion to decline to rule on a moot application and directed the parties to proceed with the main suit.
Court Disposition
Application dismissed as overtaken by events; parties directed to proceed with main suit.
Orders
- No ruling will be delivered on the notice of motion dated 28th July 2017 as it has been overtaken by events.
- Parties to set down the main suit for hearing at the earliest opportunity.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC CASE NO. 986 OF 1997
FREDRICK NJOROGE..............................................1ST PLAINTIFF/APPLICANT
PETER GACHERU....................................................2ND PLAINTIFF/APPLICANT
STEPHEN NGANGA NJOROGE..............................3RD PLAINTIFF/APPLICANT
VERSUS
FRANCIS MAINGI NJOROGE..........................1ST DEFENDANT/RESPONDENT
MARY WAIRIMU KARUIGI.............................2ND DEFENDANT/RESPONDENT
DIRECTIONS
1. I have gone through the court record on 31st July 2017 the Notice of Motion dated 28th July 2017 was certified as urgent and fixed for hearing on 27th September 2017. On 27th September 2017 the matter came up before Hon. Lady Justice Gitumbi but neither party/counsel appeared. The matter was then fixed for mention on 9th April 2018.
2. On 16th July 2018, the matter came up for mention. Mr. Ochieng, held brief for Mrs Wangombe for the defendant and Mr. Mabach held brief for Mr. Kamwenda for the plaintiff. Mr. Ochieng informed the court that both parties had filed written submissions in respect of the notice of motion dated 28th July 2017. The court then set a date for ruling.
3. I have perused the said application in which the plaintiffs/applicants seeks to prevent the interment of the remains of one James Karwege (deceased) on Parcel No. Kiambaa/Waguthu/1609 on 1st August 2017 or on any other day.
4. It appears to me that the application has been overtaken by events given that the alleged event was to take place a year ago. In the circumstances it would not be in the interest of justice to write the ruling in respect of the notice of motion dated 28th July 2017. Instead the parties should take steps to ensure the main suit is set down for hearing at the earliest opportunity.
It is so ordered.
Dated, signed and delivered in Nairobi on this 29TH day of NOVEMBER 2018
……………………….
L. KOMINGOI
JUDGE
In the presence of:-
……………………………………………………………….Advocate for Plaintiffs
……………………………………………………………..Advocate for Defendants
……………………………………………….………………………Court Assistant