[2016] KEELC 1229 (KLR)

[2016] KEELC 1229 (KLR)

The court found it appropriate to extend the interim orders previously issued in order to preserve the status quo pending the full hearing and determination of the suit. The court further directed that the parties be given a date for a pre-trial conference, in line with the procedural requirements for case...

Source-derived case information.

Citation
[2016] KEELC 1229 (KLR)
Parties
Plaintiff: Job Waweru Kariuki; Defendant: Ann Wambui Karioki; Defendant: Winnie Wanjiru Karioki
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Case 323 of 2013
Procedural Posture
Notice of Motion / Interlocutory Ruling on Application for Extension of Orders and Pre Trial Directions
Outcome
Notice of Motion dated 6/3/2013 is dispensed by extension of orders and parties to be given a date for pre-trial conference.
Judges
MM Gitumbi
Legal Topics
Interlocutory Orders, Pre Trial Conference, Injunctive Relief
Source Language
en
Land and Property Interlocutory Orders Pre Trial Conference Injunctive Relief

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Parties

Job Waweru Kariuki

Plaintiff

Ann Wambui Karioki

Defendant

Winnie Wanjiru Karioki

Defendant

Procedural Posture

Notice of Motion / Interlocutory Ruling on Application for Extension of Orders and Pre Trial Directions

Legal Issues

  1. 1 Whether the Notice of Motion dated 6/3/2013 should be granted or extended pending the hearing and determination of the suit.
  2. 2 Whether the parties should be directed to attend a pre-trial conference to facilitate the full hearing of the matter.

Ratio Decidendi

The court found it appropriate to extend the interim orders previously issued in order to preserve the status quo pending the full hearing and determination of the suit. The court further directed that the parties be given a date for a pre-trial conference, in line with the procedural requirements for case management and expeditious disposal of matters before the Environment and Land Court. The ruling was based on the affidavits filed by both parties and the need to ensure that the matter proceeds to hearing without unnecessary delay.

Court Disposition

Notice of Motion dated 6/3/2013 is dispensed by extension of orders and parties to be given a date for pre-trial conference.

Orders

  • The orders previously issued are hereby extended.
  • Parties to be given a date for pre-trial conference to pave way for full hearing and determination of the suit.