[2015] KEHC 2874 (KLR)
The court held that the ELC Court at Nyeri lacked the jurisdiction to vacate or override the interim orders issued by the High Court at Meru, as both courts are of horizontal jurisdiction. Therefore, the only extant and enforceable interim orders are those issued by the High Court at Meru on 12/08/2015. The court...
Source-derived case information.
- Citation
- [2015] KEHC 2874 (KLR)
- Parties
- Plaintiff: Hellen Karemu Muriira; Defendant: Raphael Muturi Njogu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 138 of 2014
- Procedural Posture
- Civil Suit / Interlocutory Clarification of Interim Orders
- Outcome
- Clarification of extant interim orders; only the High Court at Meru's orders of 12/08/2015 are in force.
- Judges
- FM Njoroge
- Legal Topics
- Interim Orders, Jurisdiction, Compliance With Court Orders, Registered Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hellen Karemu Muriira
Plaintiff
Raphael Muturi Njogu
Defendant
Procedural Posture
Civil Suit / Interlocutory Clarification of Interim Orders
Legal Issues
- 1 Whether the ELC Court at Nyeri had jurisdiction to vacate interim orders issued by the High Court at Meru.
- 2 Which interim orders between those issued by the High Court at Meru and the ELC Court at Nyeri are extant and enforceable.
- 3 Whether the plaintiff complied with previous court orders and the Civil Procedure Rules.
Ratio Decidendi
The court held that the ELC Court at Nyeri lacked the jurisdiction to vacate or override the interim orders issued by the High Court at Meru, as both courts are of horizontal jurisdiction. Therefore, the only extant and enforceable interim orders are those issued by the High Court at Meru on 12/08/2015. The court further noted that the plaintiff had failed to comply with previous orders, specifically those issued on 7/7/2015, and had not complied with Order 11 of the Civil Procedure Rules within the stipulated time, which in turn prevented the defendant from complying as well. The court clarified and ordered that only its own orders of 12/08/2015 remain in force.
Court Disposition
Clarification of extant interim orders; only the High Court at Meru's orders of 12/08/2015 are in force.
Orders
- The extant orders are those granted by the High Court at Meru on 12/08/2015.
- Orders issued by the ELC Court at Nyeri purporting to vacate the Meru High Court's orders are without jurisdiction and not in force.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CIVIL SUIT NO 138 OF 2014 (O.S)
IN THE MATTER OF L.R. NO. ABOGETA/NKACHE/660
IN THE MATTER OF THE LIMITATION OF ACTIONS ACT CAP 22 LAWS OF KENYA
AND
IN THE MATTER OF THE REGISTERED LANDS ACT CAP 300 LAWS OF KENYA
AND
IN THE MATTER OF ORDER 37 OF THE CIVIL PROCEDURE RULES
BETWEEN
HELLEN KAREMU MURIIRA...............................PLAINTIFF
VERSUS
RAPHAEL MUTURI NJOGU.............................DEFENDANT
RULING
Mr. Mutegi Mugambi , Advocate for the Defendant, on 22/09/15 through an oral application asked the Court to clarify which of the Interim Orders, the ones issued by this Court on 12/8/2015 and the ones issued by the ELC Court at Nyeri, upon an application during the vacation filed by the Plaintiff are extant. I clarify as follows:-
1. The ELC Court at Nyeri did not have powers to vacate orders of a Court of a horizontal Jurisdiction at the Interlocutory Stage.
2. I clarify that the extant orders are those that this Court granted on 12/08/2015.
3. On 12/08/2015, when the extant orders were issued the Court noted that the Plaintiff had completely refused and failed to abide by this Court's orders issued on 7/7/2015 and as a result had not complied with Order 11 of the Civil Procedure Rules within the time stipulated by the Court Order. As a result the defendant could not comply with order 11 of the Civil Procedure Rules.
It is so clarified and ordered.
Delivered in open Court at Meru this 22nd day of July, 2015 in the presence of:-
CC: Daniel /Lilian.
Mutegi Mugambi for the Defendant.
Mutuma holding brief for Kirimi Mbogo for the Plaintiff.
P.M NJOROGE
JUDGE