[2021] KEELC 238 (KLR)
The court found that the application raised urgent issues that warranted immediate attention. To avoid conflicting orders and ensure efficient administration of justice, the court directed that the current application be heard together with the earlier application before the Environment and Land Court Judge at Embu....
Source-derived case information.
- Citation
- [2021] KEELC 238 (KLR)
- Parties
- Appellant: Jaganath Grower Limited; Respondent: Benson Nthiga Njiru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Appeal 18 of 2021
- Procedural Posture
- Civil Appeal / Interlocutory Application Ruling
- Outcome
- Application certified urgent; interim orders granted pending hearing; costs in the cause.
- Legal Topics
- Interlocutory Injunctions, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jaganath Grower Limited
Appellant
Benson Nthiga Njiru
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application Ruling
Legal Issues
- 1 Whether the application dated 15th December, 2021 should be certified as urgent.
- 2 Whether the application should be heard together with the earlier application dated 3rd December, 2021.
- 3 Whether interim orders should be granted pending hearing.
Ratio Decidendi
The court found that the application raised urgent issues that warranted immediate attention. To avoid conflicting orders and ensure efficient administration of justice, the court directed that the current application be heard together with the earlier application before the Environment and Land Court Judge at Embu. Interim relief as sought in prayer 2 of the application was granted until the scheduled hearing date, subject to proper service upon the respondent. Costs were reserved to abide the outcome of the substantive application.
Court Disposition
Application certified urgent; interim orders granted pending hearing; costs in the cause.
Orders
- The application is certified urgent.
- The application should be properly served upon the respondent.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT EMBU
APPEAL NO. 018 OF 2021
JAGANATH GROWER LIMITED...........................................................APPELLANT
VERSUS
BENSON NTHIGA NJIRU......................................................................RESPONDENT
RULING
1. This application is dated 15th December, 2021.
2. There is a claim in the application that an earlier application dated 3rd December, 2021 has been slated for hearing on 19th January, 2021.
3. In my view, this application should be heard together with the earlier application by the ELC Judge at Embu.
4. I issue the following orders:
a) The application is certified urgent.
b) The application should be properly served upon the respondent.
c) Prayer 2 in the application is hereby granted until the 19th of January, 2022.
d) The parties will appear before the Hon. ELC Judge at Embu on 19th January, 2022 for further directions.
e) Costs shall be in the cause.
DELIVERED AT ISIOLO THIS 23RD DAY OF DECEMBER, 2021 IN THE PRESENCE OF:
Court Assistant: Balozi
HON. JUSTICE P. M. NJOROGE
ELC JUDGE, ISIOLO