[2018] KEELC 3190 (KLR)
The court found that the applicants had demonstrated sufficient grounds to be granted leave to bring a representative suit on behalf of the purchasers of the suit properties. The delay in filing was excused, and extension of time was granted, with the caveat that the defendants could contest the extension at the...
Source-derived case information.
- Citation
- [2018] KEELC 3190 (KLR)
- Parties
- Plaintiff: Grace Wanjiru Mbwika; Plaintiff: Joseph Limba; Plaintiff: Catherine M Muthengi; Plaintiff: Rosemary Wangari Muritu & 5 Others; Defendant: Savyon Holdings Ltd & 3 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Appeal 1104 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Exparte Notice of Motion for Representative Suit and Extension of Time
- Outcome
- Application allowed with orders as prayed.
- Legal Topics
- Representative Suits, Extension of Time, Service by Advertisement, Transfer of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Wanjiru Mbwika
Plaintiff
Joseph Limba
Plaintiff
Catherine M Muthengi
Plaintiff
Rosemary Wangari Muritu & 5 Others
Plaintiff
Savyon Holdings Ltd & 3 Others
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Exparte Notice of Motion for Representative Suit and Extension of Time
Legal Issues
- 1 Whether leave should be granted to bring a representative suit on behalf of multiple purchasers.
- 2 Whether extension of time to file the representative suit should be allowed.
- 3 Whether service by advertisement should be permitted if individual service is not possible.
Ratio Decidendi
The court found that the applicants had demonstrated sufficient grounds to be granted leave to bring a representative suit on behalf of the purchasers of the suit properties. The delay in filing was excused, and extension of time was granted, with the caveat that the defendants could contest the extension at the hearing. The court also recognized the practical difficulty of serving all interested parties individually and thus allowed service by advertisement in a newspaper of national circulation. Finally, since the suit property is located in Kajiado, the court ordered the transfer of the case to the Kajiado Environment and Land Court, which has the appropriate territorial jurisdiction.
Court Disposition
Application allowed with orders as prayed.
Orders
- Leave granted to bring a representative suit.
- Extension of time to file the suit is granted, subject to opposition by defendants at hearing.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
MILIMANI LAW COURTS
ELC APPEAL NO.1104 OF 2014
GRACE WANJIRU MBWIKA
JOSEPH LIMBA
CATHERINE M MUTHENGI (All suing on behalf of the following)
ROSEMARY WANGARI MURITU & 5 OTHERS
(All being part of the purchasers of that subdivision of
LR No.KAJIADO/KAPUTIEI NORTH 9325 & 3931 (Respectively).............PLAINTIFFS
VERSUS
SAVYON HOLDINGS LTD & 3 OTHERS....................................................DEFENDANTS
RULING
1. This is a ruling in respect of an exparte notice of motion filed on 14th August 2014. The application sought leave of Court to bring a representative suit and extension of time within which to file such suit. It is unfortunate that this application has remained without a decision on the same for over 4 years.
2. The applicants are granted leave to bring a suit as a representative suit. The time for filing such suit is extended and if the defendants wish to oppose grant of extension of time, they are at liberty to oppose the same during the hearing of the suit. If there is no possibility of effecting individual service, leave is granted to applicant to serve notice of the case by advertisement in a newspaper with national circulation.
3. As the suit property is situate in Kajiado within the jurisdiction of Kajiado Environment and Land Court, an order is hereby made transferring this case to Kajiado ELC Court for hearing and determination. Costs in the cause.
It is so ordered
Dated, Signed and delivered at Nairobion this 17thday of May 2018.
E.O.OBAGA
JUDGE
In the absence of:-
M/s Maloba for M/s Njogu applicant
Court Assistant: Hilda
E.O.OBAGA
JUDGE