[2018] KEHC 7252 (KLR)
The court found that the defendant/applicant failed to demonstrate the existence of new and important facts that would warrant a review of the previous orders. The issues raised in the application had already been addressed in the earlier ruling of 27th September 2017. The court emphasized that the threshold for...
Source-derived case information.
- Citation
- [2018] KEHC 7252 (KLR)
- Parties
- Plaintiff: Joseph Mutura Mugambi; Defendant: Rutere Mwiria & 2 Others
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 10 of 2007
- Procedural Posture
- Review Application / Ruling on Application for Review of Compliance Orders
- Outcome
- application dismissed with costs to plaintiff
- Legal Topics
- Review of Court Orders, Compliance With Order 11, Application for Review, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mutura Mugambi
Plaintiff
Rutere Mwiria & 2 Others
Defendant
Procedural Posture
Review Application / Ruling on Application for Review of Compliance Orders
Legal Issues
- 1 Whether the defendant has demonstrated discovery of new and important facts to warrant a review of the court's previous orders.
- 2 Whether the defendant should be granted an opportunity to comply with order 11 of the Civil Procedure Rules.
Ratio Decidendi
The court found that the defendant/applicant failed to demonstrate the existence of new and important facts that would warrant a review of the previous orders. The issues raised in the application had already been addressed in the earlier ruling of 27th September 2017. The court emphasized that the threshold for review under Order 45 of the Civil Procedure Rules was not met, as no new evidence or facts were presented. Consequently, the application for review was dismissed as lacking merit, and costs were awarded to the plaintiff/respondent.
Court Disposition
application dismissed with costs to plaintiff
Orders
- The application dated 31.10.2017 is dismissed.
- Costs awarded to the plaintiff.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC NO. 10 OF 2007
JOSEPH MUTURA MUGAMBI........................PLAINTIFF
VERSUS
RUTERE MWIRIA & 2 OTHERS................DEFENDANT
RULING
1. Defendant applicant has filed an application dated 31. 10. 2017 and filed on 1. 11. 2017), whereby he is seeking to have a review of the orders given earlier on a compliance.
2. The gist of this application is that defence side desires to be given an opportunity to comply with order 11 of the civil procedure rules.
3. The application is opposed. Parties have filed their submissions in respect of the said application.
4. I find that the issues raised by the applicant defendant were adequately covered in my ruling of 27. 9.2017.
5. As rightly submitted by the plaintiff/respondent, applicant has not demonstrated that there is discovery of new and important facts which should warrant a review of the court’s orders.
6. In the circumstances I find that the application has no merits. The same is dismissed with costs to plaintiff.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 11th APRIL, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Miss Munga holding brief for Mutunga for defendant/applicant – present
Kithinji holding brief for Murango Mwenda for plaintiff - present
HON. LUCY. N. MBUGUA
ELC JUDGE