[2024] KEELC 1479 (KLR)
The court found that since the orders for hearing by written submissions were set aside on September 27, 2023 and have not been reviewed, the subsequent orders made on December 13, 2023 for the court to deliver judgment based on those submissions are irregular and must be set aside. The court exercised its...
Source-derived case information.
- Citation
- [2024] KEELC 1479 (KLR)
- Parties
- Applicant: Mary Wanjiru Kimani; Applicant: Ruth Wanjiku Kooro; Respondent: Kimandu & Ndegwa Co Advocates; Interested Party: Jefferson Mungai Kariiyu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E062 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Setting Aside Previous Orders Regarding Judgment on Submissions
- Outcome
- Orders for delivery of judgment based on submissions set aside.
- Judges
- LN Mbugua
- Legal Topics
- Setting Aside Orders, Directions on Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Wanjiru Kimani
Applicant
Ruth Wanjiku Kooro
Applicant
Kimandu & Ndegwa Co Advocates
Respondent
Jefferson Mungai Kariiyu
Interested Party
Procedural Posture
Environment and Land Case / Ruling on Setting Aside Previous Orders Regarding Judgment on Submissions
Legal Issues
- 1 Whether the orders given on December 13, 2023 for the court to deliver a judgment based on submissions should be set aside.
Ratio Decidendi
The court found that since the orders for hearing by written submissions were set aside on September 27, 2023 and have not been reviewed, the subsequent orders made on December 13, 2023 for the court to deliver judgment based on those submissions are irregular and must be set aside. The court exercised its discretion to ensure that the proceedings are conducted in accordance with the current status of directions, thereby upholding procedural fairness.
Court Disposition
Orders for delivery of judgment based on submissions set aside.
Orders
- The orders given on December 13, 2023 for the court to deliver a judgment based on submissions are hereby set aside.
Full Case Text
Judgment text and source record
21 paragraphs
Kimani & another v Kimandu & Ndegwa Co Advocates; Kariiyu (Interested Party) (Environment & Land Case E062 of 2022) [2024] KEELC 1479 (KLR) (12 March 2024) (Ruling)
Neutral citation: [2024] KEELC 1479 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case E062 of 2022
LN Mbugua, J
March 12, 2024
Between
Mary Wanjiru Kimani
1st Applicant
Ruth Wanjiku Kooro
2nd Applicant
and
Kimandu & Ndegwa Co Advocates
Respondent
and
Jefferson Mungai Kariiyu
Interested Party
Ruling
1. I find that by consent of the advocates for the parties, directions were given by this court on July 10, 2023 for the matter to be heard by way of written submissions. However, the said orders were set aside on September 27, 2023 and have not been reviewed. In the circumstances, the orders given on December 13, 2023 for the court to deliver a judgment based on submissions are hereby set aside.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 12TH DAY OF MARCH, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Isahi for ApplicantLosanya holding brief for NdegwaKariuki for Interested PartyCourt assistant: Judith