[2022] KEELC 3612 (KLR)
The court held that the plaintiff had not demonstrated any effort to obtain the relevant ownership documents from Nairobi County Government through available administrative or pre-trial procedures. The request for an order compelling production was too general and premature. The court emphasized that the appropriate...
Source-derived case information.
- Citation
- [2022] KEELC 3612 (KLR)
- Parties
- Plaintiff: Ndung’u Kahoi; Defendant: Johnson Ngemi Kitema; Defendant: Nairobi County Government
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 395 of 2015
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Application
- Outcome
- Application dismissed.
- Judges
- LN Mbugua
- Legal Topics
- Joinder of Parties, Disclosure of Documents, Pre Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ndung’u Kahoi
Plaintiff
Johnson Ngemi Kitema
Defendant
Nairobi County Government
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the court should order Nairobi County Government to supply the plaintiff with ownership documents for Plot No E 2007B, Dandora Phase 5.
- 2 Whether the plaintiff has demonstrated sufficient effort to obtain the documents before seeking court intervention.
Ratio Decidendi
The court held that the plaintiff had not demonstrated any effort to obtain the relevant ownership documents from Nairobi County Government through available administrative or pre-trial procedures. The request for an order compelling production was too general and premature. The court emphasized that the appropriate route for obtaining such documents is through pre-trial mechanisms such as notice to produce or summons to a particular person. Consequently, the application for an order to compel production of documents was dismissed as unmerited.
Court Disposition
Application dismissed.
Orders
- Prayer 3 of the application is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
Kahoi v Kitema; Nairobi County Government (Intended Defendant) (Environment & Land Case 395 of 2015) [2022] KEELC 3612 (KLR) (12 May 2022) (Ruling)
Neutral citation: [2022] KEELC 3612 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 395 of 2015
LN Mbugua, J
May 12, 2022
Between
Ndung’u Kahoi
Plaintiff
and
Johnson Ngemi Kitema
Defendant
and
Nairobi County Government
Intended Defendant
Ruling
1. Before me is the application dated November 22, 2018where the plaintiff seeks the following orders:i.That this honourable court be pleased to set aside the order herein made on November 22, 2018. ii.That this honourable court be pleased to enjoin the Nairobi County Government as the 2nd defendant herein.iii.That this honourable court be pleased to order the said Nairobi County Government to supply theplaintiff/applicant documents of ownership touching the suite property, Plot No E 2007B situated in Dandora Phase 5. iv.That the costs of this application be provided for.
2. Prayers 1 & 2 are spent, the same having been allowed on September 24, 2020.
3. The applicant avers that in line with article 35 of the Constitution, the court has power to order that the state supplies the applicant with the required documents as requested in prayer No. 3.
4. The applicant has not demonstrated the efforts they have made to get the relevant documents from the County Government and the request is rather general. The best route is for the applicant to deal with issue of documents during the pre-trial procedures of notice to produce, summons to a particular person to avail documents, etal.
5. As at now, I find that prayer 3 is not merited and is hereby dismissed with no orders as to costs.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 12TH DAY OF MAY, 2022 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Dominic Etaing holding brief for Kamau Kuria for the Plaintiff/ApplicantOtenyo for the 2nd RespondentCourt Assistant: June Nafula