[2023] KEELC 22540 (KLR)
The court found that the application was devoid of merit because it was vague and lacked the necessary details to enable the court to make an informed decision. The applicant did not specify which documents were allegedly being introduced improperly or provide any substantive grounds for the orders sought. The court...
Source-derived case information.
- Citation
- [2023] KEELC 22540 (KLR)
- Parties
- Applicant: Joseph Ndururi Gitonga; Respondent: Tisiano Cosmas Mugoh; Respondent: Jacob Njeru Nderi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E007 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Notice of Motion
- Outcome
- application dismissed
- Judges
- A Kaniaru
- Legal Topics
- Admissibility of Documents, Procedure on Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Ndururi Gitonga
Applicant
Tisiano Cosmas Mugoh
Respondent
Jacob Njeru Nderi
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Notice of Motion
Legal Issues
- 1 Whether the interested party should be barred from introducing documents into the court record without following due process.
- 2 Whether the application discloses sufficient grounds to warrant the orders sought.
Ratio Decidendi
The court found that the application was devoid of merit because it was vague and lacked the necessary details to enable the court to make an informed decision. The applicant did not specify which documents were allegedly being introduced improperly or provide any substantive grounds for the orders sought. The court emphasized that clarity and specificity are required in applications, and in the absence of such, the application could not succeed. Consequently, the application was dismissed for want of merit.
Court Disposition
application dismissed
Orders
- The Notice of Motion dated 26.04.2023 is dismissed.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
20 paragraphs
Gitonga v Mugoh & another (Environment and Land Appeal E007 of 2022) [2023] KEELC 22540 (KLR) (16 November 2023) (Ruling)
Neutral citation: [2023] KEELC 22540 (KLR)
Republic of Kenya
In the Environment and Land Court at Embu
Environment and Land Appeal E007 of 2022
A Kaniaru, J
November 16, 2023
Between
Joseph Ndururi Gitonga
Applicant
and
Tisiano Cosmas Mugoh
1st Respondent
Jacob Njeru Nderi
2nd Respondent
Ruling
1. I am called upon to determine a Notice of Motion dated 26. 04. 2023 and filed on 02. 05. 2023. The same has been filed by Joseph Ndururi Gitonga, who was the plaintiff in the lower court case. He is the respondent in the appeal herein. The application does not indicate under what provisions of law it has been brought. The following orders are prayed for:i.That the interested party be barred from sneaking documents in this court having not followed the due process of reinstatement and should obtain an order from this Honorable Court.ii.That costs be provided for.
2. The applicant is not clear in his application as to which specific documents have been sneaked or why he feels that some other documents might be sneaked into the matter. The application is wanting in the necessary details which can enable the court to make an informed decision.
3. I have perused the application together with the supporting affidavit and the responses made therein. In my view the application is devoid of merits. The grounds set out in it are vague and therefore unhelpful. This is understandable since the application has been filed by the applicant in person. The applicant is not represented by counsel. I am inclined to dismiss the application on the basis that it discloses no merits. I hereby dismiss it. Costs to be in the cause.
RULING DATED, SIGNED AND DELIVERED IN OPEN COURT AT EMBU THIS 16TH DAY OF NOVEMBER, 2023. Appellant present in person and Respondent present in person.Court assistant: LeadysInterpretation: English/KiswahiliA.K. KANIARUJUDGE16. 11. 2023