[2021] KEELC 3775 (KLR)
The court found that the application was incompetent as it was filed as a stand-alone miscellaneous application outside the main cause, lacked annexed copies of the bills of costs and the impugned decision of the Deputy Registrar, and there was no evidence of service on the respondents. Consequently, the court was...
Source-derived case information.
- Citation
- [2021] KEELC 3775 (KLR)
- Parties
- Applicant: Jayesh Autospares Ltd; Respondent: Kapterit Rapid Co. Ltd; Respondent: John Wepukhuku Waliaula; Respondent: The Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Stay of Execution and Reference
- Outcome
- application struck out
- Legal Topics
- Stay of Execution, Bills of Costs, Reference to Deputy Registrar
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jayesh Autospares Ltd
Applicant
Kapterit Rapid Co. Ltd
Respondent
John Wepukhuku Waliaula
Respondent
The Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay of Execution and Reference
Legal Issues
- 1 Whether the application for stay of execution and reference was properly before the court.
- 2 Whether the absence of annexed bills of costs and the impugned decision rendered the application incompetent.
- 3 Whether the application should be struck out for want of service or evidence.
Ratio Decidendi
The court found that the application was incompetent as it was filed as a stand-alone miscellaneous application outside the main cause, lacked annexed copies of the bills of costs and the impugned decision of the Deputy Registrar, and there was no evidence of service on the respondents. Consequently, the court was not in a position to hear and determine the application and struck it out. The court also vacated all interim orders previously granted, and made no order as to costs due to lack of evidence of service and absence of a response from the respondents.
Court Disposition
application struck out
Orders
- The application is struck out.
- All interim orders issued on 15/1/2021 are vacated.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
MISC APPLICATION NO. 1 OF 2021
JAYESH AUTOSPARES LTD...........................................APPLICANT
VERSUS
KAPTERIT RAPID CO. LTD................................1ST RESPONDENT
JOHN WEPUKHUKU WALIAULA....................2ND RESPONDENT
THE ATTORNEY GENERAL..............................3RD RESPONDENT
RULING
1. The applicant filed an application dated 13/1/2021 seeking orders that there be a stay of execution of 2 bills of costs in the matter pending the hearing of this application and the reference in Kitale ELC No 73 of 2013 and that this court do entertain the reference and make a determination on certain items therein. Costs were also prayed for. Prayers nos 2and3 of the application which were interlocutory in nature were granted on 15/1/2021.
2. The application herein could have been struck out for want of evidence of service alone. However, I have perused the application and the supporting affidavit. I find that this is a stand-alone miscellaneous application that has been lodged outside the file for the main cause and which has not had the copies of bills of costs annexed to it. Neither is the impugned decision of the Deputy Registrar attached. I find that this court is not in a position to hear and determine it and I hereby strike it out. I will make no orders as to costs since there is no evidence that the same was served and in any event there is no response by the respondent. For the avoidance of doubt all the interim orders issued on 15/1/2021 are hereby vacated.
It is so ordered.
DATED, SIGNED AND DELIVERED AT NAIROBI VIA ELECTRONIC MAIL ON THIS 31ST DAY OF MARCH, 2021.
MWANGI NJOROGE
JUDGE, ELC, KITALE.