[2023] KEELC 20032 (KLR)
The court found that the prayer for amendment of the plaint was not opposed and, in the interests of justice and expeditious disposal of the matter, allowed the amendment. However, the court declined to grant the injunctive orders sought, noting that the plaintiffs were advancing evidence at the interlocutory stage...
Source-derived case information.
- Citation
- [2023] KEELC 20032 (KLR)
- Parties
- Plaintiff: Rose Wothaya Gachanja; Plaintiff: Christopher Kabau Kiai; Defendant: Franci Murigi Kariuki; Defendant: Marion Wanja Kimani
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 156 of 2008
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Application for Injunction and Amendment of Plaint
- Outcome
- Application partially allowed; leave to amend plaint granted, injunctive relief denied.
- Judges
- LN Mbugua
- Legal Topics
- Interlocutory Injunctions, Amendment of Pleadings, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Wothaya Gachanja
Plaintiff
Christopher Kabau Kiai
Plaintiff
Franci Murigi Kariuki
Defendant
Marion Wanja Kimani
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application for Injunction and Amendment of Plaint
Legal Issues
- 1 Whether the plaintiffs are entitled to injunctive orders against the defendants pending hearing and determination of the suit.
- 2 Whether the plaintiffs should be granted leave to amend the plaint.
Ratio Decidendi
The court found that the prayer for amendment of the plaint was not opposed and, in the interests of justice and expeditious disposal of the matter, allowed the amendment. However, the court declined to grant the injunctive orders sought, noting that the plaintiffs were advancing evidence at the interlocutory stage and that the case was already significantly delayed. The court emphasized the need to expedite the trial rather than entertain further interlocutory applications, and thus partially allowed the application only to the extent of permitting amendment of pleadings.
Court Disposition
Application partially allowed; leave to amend plaint granted, injunctive relief denied.
Orders
- The application dated 30.6.2023 is allowed only in terms of prayer No. 5 (leave to amend plaint).
- The case is adjourned to enable parties to amend their pleadings.
Full Case Text
Judgment text and source record
24 paragraphs
Gachanja & another v Kariuki & another (Environment & Land Case 156 of 2008) [2023] KEELC 20032 (KLR) (21 September 2023) (Ruling)
Neutral citation: [2023] KEELC 20032 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 156 of 2008
LN Mbugua, J
September 21, 2023
Between
Rose Wothaya Gachanja
1st Plaintiff
Christopher Kabau Kiai
2nd Plaintiff
and
Franci Murigi Kariuki
1st Defendant
Marion Wanja Kimani
2nd Defendant
Ruling
1. This matter was scheduled for hearing today. It has emerged that the plaintiff has filed an application dated 30. 6.2023 seeking injunctive orders against the defendant and that the plaintiffs be allowed to amend the plaint. The prayer for amendment is not opposed while the prayers for injunction as set out in prayers No 2-4 in the application are opposed.
2. I have considered all the arguments raised herein as captured in the application dated 30. 6.2023 and the replying affidavit dated 8. 9.2023.
3. What I discern is that the plaintiff is advancing evidence in his current application. Further, this matter was in court on 28. 2.2022 when counsel for plaintiff urged the court to look at the age of the matter. However they did not make court appearances in subsequent court dates. Their application was only lodged in June 2023.
4. This case is aged 15 or so years. The parties should be seeking ways to expedite the trial instead of canvassing interlocutory prayers.
5. In the circumstances, the application dated 30. 6.2023 is partially allowed in terms of prayer No. 5. The case is adjourned to enable the parties to amend their pleadings.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 21st DAY OF SEPTEMBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Monyuga holding brief for Kimamo for 1st and 2nd PlaintiffGitari for Defendants