[2017] KEELC 3135 (KLR)
The court found no sufficient reason to interfere with or review the previous orders issued by Justice Mutungi, which directed that the suit property remain in vacant possession pending the hearing and determination of the suit. The court emphasized that issuing further interlocutory orders as sought by the...
Source-derived case information.
- Citation
- [2017] KEELC 3135 (KLR)
- Parties
- Plaintiff: Guy Spencer Elms (suing as the personal representative of the Estate of Roger Bryan Robson (Deceased)); Defendant: Agnes Kariuki Kagure
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 80 of 2015
- Procedural Posture
- Notice of Motion / Ruling on Interlocutory Application for Review of Orders
- Outcome
- application dismissed
- Judges
- MM Gitumbi
- Legal Topics
- Interlocutory Orders, Vacant Possession, Review of Orders, Pre Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Guy Spencer Elms (suing as the personal representative of the Estate of Roger Bryan Robson (Deceased))
Plaintiff
Agnes Kariuki Kagure
Defendant
Procedural Posture
Notice of Motion / Ruling on Interlocutory Application for Review of Orders
Legal Issues
- 1 Whether the defendant is entitled to a review of Justice Mutungi's orders issued on 9/7/2015.
- 2 Whether interlocutory orders sought by the defendant/applicant should be granted.
Ratio Decidendi
The court found no sufficient reason to interfere with or review the previous orders issued by Justice Mutungi, which directed that the suit property remain in vacant possession pending the hearing and determination of the suit. The court emphasized that issuing further interlocutory orders as sought by the defendant/applicant would serve no useful purpose and could prejudice the fair determination of the main issue of ownership. The court endorsed the prior order and directed that the matter proceed to pre-trial conference to facilitate a full hearing and final resolution of the dispute.
Court Disposition
application dismissed
Orders
- Notice of Motion dated 9/7/2015 is dismissed.
- Costs in the cause.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
ELC. CASE NO. 80 OF 2015
GUY SPENCER ELMS) (suing as the personal representative
of the Estate of Roger Bryan Robson (Deceased)….…..PLAINTIFF
VERSUS
AGNES KARIUKI KAGURE.……………………............… DEFENDANT
RULING
I have considered Notice of Motion dated 9/7/2015 filed by the Defendant/Applicant seeking, inter alia, a review of Justice Mutungi’s orders issued on 9/7/2015.
I have read Justice Mutungi’s orders issued on 9/7/2015 in which he ordered that the suit property should remain in vacant possession pending the hearing and determination of this suit. He went further to direct the parties hereto to proceed to pre-trial procedures so that the whole issue of the ownership of the suit property may be determined with finality.
I wholly endorse Justice Mutungi’s said order. I do not see what purpose will be served by issued interlocutory orders which are sought by the Defendant/Applicant.
I direct that pre-trial conference be fixed to pave way to the main trial.
Notice of motion dated 9/7/2015 is therefore dismissed. Costs in the cause.
DELIVERED, SIGNED AND DATED AT NAIROBI THIS 27TH DAY OF JANUARY 2017.
MARY M. GITUMBI
JUDGE