[2024] KEELC 5170 (KLR)

[2024] KEELC 5170 (KLR)

The court found that the diarizing of the matter for a ruling on the application dated 27/9/2022 was erroneous because the application had already been determined on 30/11/2023. As the suit had been declared abated, there was no ruling to deliver, and the matter was to be marked as closed. The court's decision was...

Source-derived case information.

Citation
[2024] KEELC 5170 (KLR)
Parties
Plaintiff: Kahaso Sulubu Guracha; Defendant: Thethe Guracha & others
Court
Environment and Land Court
Court Station
Environment and Land Court at Malindi
Jurisdiction
Kenya
Case Number
Environment & Land Case 81 of 2013
Procedural Posture
Environment and Land Case / Ruling
Outcome
Suit marked as closed due to abatement; no ruling delivered.
Judges
FM Njoroge
Legal Topics
Abatement of Suit, Court Procedure, Case Closure
Source Language
en
Land and Property Abatement of Suit Court Procedure Case Closure

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

Kahaso Sulubu Guracha

Plaintiff

Thethe Guracha & others

Defendant

Procedural Posture

Environment and Land Case / Ruling

Legal Issues

  1. 1 Whether there is a ruling to be delivered on the application dated 27/9/2022.
  2. 2 Whether the suit should be marked as closed due to abatement.

Ratio Decidendi

The court found that the diarizing of the matter for a ruling on the application dated 27/9/2022 was erroneous because the application had already been determined on 30/11/2023. As the suit had been declared abated, there was no ruling to deliver, and the matter was to be marked as closed. The court's decision was based on the procedural principle that once a suit abates and all pending applications are determined, the file should be closed and returned to the registry.

Court Disposition

Suit marked as closed due to abatement; no ruling delivered.

Orders

  • There will be no ruling delivered on this day.
  • The file shall be returned to the registry.