[2021] KEELC 451 (KLR)
The court found that there was a pending application for enjoinder seeking to consolidate this matter with others, but that application had not been prosecuted. Additionally, the respondents' preliminary objection seeking to strike out the suit was also pending. The court determined that it was currently seized of...
Source-derived case information.
- Citation
- [2021] KEELC 451 (KLR)
- Parties
- Plaintiff: Leah Ngendo Komu (Suing through the estate of Johnson Kamau Komu, Deceased); Respondent: Teresia W. Kirima & Ann W. Kirima (Administrators of the Estate of Gerishon K. Kirima); Respondent: John Gerishon Kirima
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E342 of 2021
- Procedural Posture
- Land and Property Suit / Interlocutory Ruling on Transfer and Consolidation Application
- Outcome
- Application for transfer declined; directions issued for simultaneous hearing of pending applications.
- Judges
- LN Mbugua
- Legal Topics
- Case Consolidation, Preliminary Objection, Enjoinder of Suits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leah Ngendo Komu (Suing through the estate of Johnson Kamau Komu, Deceased)
Plaintiff
Teresia W. Kirima & Ann W. Kirima (Administrators of the Estate of Gerishon K. Kirima)
Respondent
John Gerishon Kirima
Respondent
Procedural Posture
Land and Property Suit / Interlocutory Ruling on Transfer and Consolidation Application
Legal Issues
- 1 Whether the suit should be transferred to Justice Okong'o for consolidation with related matters.
- 2 Whether the pending application for enjoinder and the preliminary objection should be heard together before the current court.
Ratio Decidendi
The court found that there was a pending application for enjoinder seeking to consolidate this matter with others, but that application had not been prosecuted. Additionally, the respondents' preliminary objection seeking to strike out the suit was also pending. The court determined that it was currently seized of this particular suit and that there was no sufficient basis to transfer the file to another judge. Therefore, the court declined the request for transfer and directed that both the application for enjoinder and the preliminary objection be heard simultaneously before the current court.
Court Disposition
Application for transfer declined; directions issued for simultaneous hearing of pending applications.
Orders
- The application for transfer of the file to Justice Okong'o is declined.
- Both the application for enjoinder and the preliminary objection shall be heard simultaneously before this court.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC. CASE NO. E342 OF 2021
LEAH NGENDO KOMU
(Suing through the estate of
JOHNSON KAMAU KOMU (DECEASED).............................PLAINTIFF
VERSUS
(THE ADMINISTRATORS OF THE
ESTATE OF GERISHON K. KIRIMA)
TERESIA W. KIRIMA & ANN W. KIRIMA................1ST RESPONDENT
JOHN GERISHON KIRIMA.......................................2ND RESPONDENT
RULING
1. On 9th November 2021 while in virtual court, Mr. Ojienda for the Applicant prayed that this case be mentioned before Justice Okong’o on the ground that there are several other related matters before the Hon. Judge. Therefore, the file should be placed before the Hon. Judge so that this suit is not dealt with in isolation.
2. Counsel for the Respondents opposed this prayer on the ground that the matters were not related and that the said suits had been ongoing for over 5 years and were at an advanced stage. He added that they had filed a Preliminary Objection which this court had capacity to determine.
3. This court finds that there is a pending application dated 18. 9.2021 seeking an order of enjoinder enjoining this matter with several other matters. That application has not been prosecuted. The Respondent has filed a Notice of Preliminary Objection seeking orders for the striking out of the suit of which, the said preliminary Objection is also pending. This court is the one currently seized of the matters appertaining to this particular suit. As such, I decline to order the transfer of the file to Judge Okongo and instead, I direct that both the Application and the Preliminary Objection be heard simultaneously before this court.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 8TH DAY OF DECEMBER, 2021 THROUGH MICROSOFT TEAMS.
LUCY N. MBUGUA
JUDGE
In the presence of:-
Onduso for the Respondent
Ojienda for the Applicant
Court Assistant: Eddel Barasa