[2013] KEHC 6623 (KLR)
The court determined that the plaintiff's and 1st defendant's applications are so closely connected that they should be disposed of together to ensure judicial efficiency and avoid inconsistent outcomes. The court exercised its discretion to direct the parties to exchange and file written submissions within 14 days,...
Source-derived case information.
- Citation
- [2013] KEHC 6623 (KLR)
- Parties
- Plaintiff: Kenol Kobil Limited; Defendant: Alfaways Limited; Defendant: Hashi Energy Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 826 of 2013
- Procedural Posture
- Environment and Land Case / Directions on Disposal of Applications
- Outcome
- Directions issued for joint disposal of applications; cross-examination declined.
- Judges
- MM Gitumbi
- Legal Topics
- Case Management, Interlocutory Applications, Directions, Written Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenol Kobil Limited
Plaintiff
Alfaways Limited
Defendant
Hashi Energy Limited
Defendant
Procedural Posture
Environment and Land Case / Directions on Disposal of Applications
Legal Issues
- 1 How should the two pending applications by the plaintiff and 1st defendant be disposed of together.
- 2 Whether Mr. Antony Thuo Mathi should be ordered to appear for cross-examination.
Ratio Decidendi
The court determined that the plaintiff's and 1st defendant's applications are so closely connected that they should be disposed of together to ensure judicial efficiency and avoid inconsistent outcomes. The court exercised its discretion to direct the parties to exchange and file written submissions within 14 days, and set a mention date to confirm compliance and fix a ruling date. The court also declined to order the appearance of Mr. Antony Thuo Mathi for cross-examination, finding it unnecessary at this stage.
Court Disposition
Directions issued for joint disposal of applications; cross-examination declined.
Orders
- The plaintiff's and 1st defendant's applications shall be disposed of together.
- Parties to exchange and file written submissions within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
ENVIRONMENT AND LAND DIVISION
ELC. CASE NO. 826 OF 2013
KENOL KOBIL LIMITED ……………..………PLAINTIFF/APPLICANT
VERSUS
ALFAWAYS LIMITED ………………………….….……1ST DEFENDANT
HASHI ENERGY LIMITED………………………..……..2ND DEFENDANT
RULING
In this matter, two applications are pending before me namely the Plaintiff’s application dated 20/8/13 and the 1st Defendant’s application dated 16/9/13. I am called upon to give directions to the parties on how these applications shall be disposed off.
I have considered the submission made by the parties regarding the issue of how best to handle these two applications and here are my directions:
The two applications are so inextricably intertwined that they are best dealt with together. Accordingly, I hereby order that they be disposed together.
I direct the parties to exchange and file their written submissions thereto within 14 days from today’s date.
I decline to order Mr. Antony Thuo Mathi to appear in court for cross examination.
This matter shall be mentioned on 7/10/13 to confirm compliance and to take a ruling date.
SIGNED AND DELIVERED AT NAIROBI
ON THE 20TH DAY OF SEPTEMBER 2013.
MARY M. GITUMBI
JUDGE