[2016] KEHC 7926 (KLR)

[2016] KEHC 7926 (KLR)

The court declined to reconsider its earlier ruling on the Notice of Motion dated 15/4/14, despite the consent of the plaintiff and 1st defendant, holding that it is more appropriate to facilitate the full and final determination of the suit after the main trial. To preserve the subject matter and prevent prejudice to any party, the court ordered that the prevailing status quo be maintained pending the hearing and determination of the suit. The court further directed that a pre-trial conference date be set to pave the way for the main hearing.

Citation
[2016] KEHC 7926 (KLR)
Parties
Plaintiff: Jedida Ondiso Akanda; Defendant: Benson Nzambu; Defendant: George Ogodo; Defendant: Benson Ochoka
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
1 July 2016
Case Number
Environment & Land Case 466 of 2014
Procedural Posture
Environment and Land Case / Interlocutory Ruling on Status Quo Pending Trial
Outcome
Status quo order granted; main suit to proceed to trial.
Judges
MM Gitumbi
Legal Topics
Status Quo Orders, Interlocutory Applications, Pre Trial Procedure
Source Language
English
Land and Property Status Quo Orders Interlocutory Applications Pre Trial Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Jedida Ondiso Akanda

Plaintiff

Benson Nzambu

Defendant

George Ogodo

Defendant

Benson Ochoka

Defendant

Procedural Posture

Environment and Land Case / Interlocutory Ruling on Status Quo Pending Trial

Legal Issues

  1. 1 Whether the court should reconsider its earlier ruling on the Notice of Motion dated 15/4/14.
  2. 2 Whether the status quo should be maintained pending the hearing and determination of the suit.

Ratio Decidendi

The court declined to reconsider its earlier ruling on the Notice of Motion dated 15/4/14, despite the consent of the plaintiff and 1st defendant, holding that it is more appropriate to facilitate the full and final determination of the suit after the main trial. To preserve the subject matter and prevent prejudice to any party, the court ordered that the prevailing status quo be maintained pending the hearing and determination of the suit. The court further directed that a pre-trial conference date be set to pave the way for the main hearing.

Court Disposition

Status quo order granted; main suit to proceed to trial.

Orders

  • All parties to maintain the prevailing status quo pending the hearing and determination of this suit.
  • A date for pre-trial conference may be given to pave way to the main hearing.