[2016] KEHC 7543 (KLR)
The court found that the interim orders previously issued to the plaintiff/applicant should be confirmed and remain in force until the suit is fully heard and determined. The court deemed both the notice of motion and the preliminary objection as dispensed with, thereby allowing the matter to proceed to pre-trial...
Source-derived case information.
- Citation
- [2016] KEHC 7543 (KLR)
- Parties
- Plaintiff: Henry Nzioka Mulli; Defendant: Matungulu Farmers Co. Ltd.; Defendant: Francis Munuve Kasyi; Defendant: Edmond Kombo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 160 of 2013
- Procedural Posture
- Environment and Land Case / Interlocutory Ruling on Notice of Motion and Preliminary Objection
- Outcome
- interim orders confirmed; matter to proceed to pre-trial conference and hearing
- Judges
- MM Gitumbi
- Legal Topics
- Interim Injunctions, Preliminary Objection, Pre Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Nzioka Mulli
Plaintiff
Matungulu Farmers Co. Ltd.
Defendant
Francis Munuve Kasyi
Defendant
Edmond Kombo
Defendant
Procedural Posture
Environment and Land Case / Interlocutory Ruling on Notice of Motion and Preliminary Objection
Legal Issues
- 1 Whether the interim orders previously issued to the plaintiff/applicant should be confirmed pending the hearing and determination of the suit.
- 2 Whether the preliminary objection raised by the defendants disposes of the notice of motion.
Ratio Decidendi
The court found that the interim orders previously issued to the plaintiff/applicant should be confirmed and remain in force until the suit is fully heard and determined. The court deemed both the notice of motion and the preliminary objection as dispensed with, thereby allowing the matter to proceed to pre-trial conference and subsequent hearing. The decision was guided by the need to preserve the subject matter of the dispute and ensure that justice is served by maintaining the status quo pending the full hearing of the suit.
Court Disposition
interim orders confirmed; matter to proceed to pre-trial conference and hearing
Orders
- The interim orders previously issued to the plaintiff/applicant are confirmed to remain in force until the suit is fully heard and determined.
- A date for the pre-trial conference shall be given to pave way for the main hearing of the suit.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
ENVIRONMENT AND LAND COURT
ELC. CASE NO. 160 OF 2013
HENRY NZIOKA MULLI………………………….….........PLAINTIFF
VERSUS
MATUNGULU FARMERS CO. LTD. ……….….....1ST DEFENDANT
FRANCIS MUNUVE KASYI…..………..…...…....2ND DEFENDANT
EDMOND KOMBO……………….………....…...3RD DEFENDANT
RULING
I have studied Notice of Motion dated 31/1/2013 and the Notice of Preliminary Objection dated 10/6/2013. I have further studied the Replying Affidavits filed by the Defendants and the further Affidavit filed by the Plaintiff/Applicant and do order as follows:
1. The Notice of Motion dated 31/1/2013 and Preliminary Objection dated 10/6/2013 be deemed as dispensed with as follows:
That the interim orders hereby issued to the Plaintiff/Applicant be and are hereby confirmed to remain in force until this suit is fully heard and determined.
2. That a date for the pre-trial conference be given in order to pave way for the main hearing of this suit.
It is so ordered.
DELIVERED AND SIGNED AT NAIROBI THIS 11TH DAY OF MARCH 2016.
MARY M. GITUMBI
JUDGE