[2020] KEELC 1456 (KLR)
The court found that the grounds raised in the application pertain to substantive issues that should be determined by the court hearing the main appeal. The court certified the application as urgent and directed that it be placed before the appropriate judge for further directions. The court did not grant the...
Source-derived case information.
- Citation
- [2020] KEELC 1456 (KLR)
- Parties
- Appellant: Dr. Leonard Kimeu Mwanthi; Respondent: Rukaria M’Twerandu M’Iringi; Applicant: Nathaniel Kithinji Ikiugu; Applicant: Laban Ndetwa Ngigi; Applicant: Zipporah Nkatha Mbaabu; Applicant: Anne Wanjugu Kariithi; Applicant: Mukindia Samwel Mwirigi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 92 of 2010
- Procedural Posture
- Civil Appeal / Ruling on Interlocutory Application for Joinder and Stay
- Outcome
- Application certified urgent and referred to appellate judge; no substantive relief granted at this stage.
- Legal Topics
- Joinder of Parties, Stay of Execution, Review of Judgment, Land Parcel Exclusion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Leonard Kimeu Mwanthi
Appellant
Rukaria M’Twerandu M’Iringi
Respondent
Nathaniel Kithinji Ikiugu
Applicant
Laban Ndetwa Ngigi
Applicant
Zipporah Nkatha Mbaabu
Applicant
Anne Wanjugu Kariithi
Applicant
Mukindia Samwel Mwirigi
Applicant
Procedural Posture
Civil Appeal / Ruling on Interlocutory Application for Joinder and Stay
Legal Issues
- 1 Whether the intended interested parties should be enjoined in the proceedings.
- 2 Whether a stay of execution of the orders issued on 23rd May, 2018 should be granted.
- 3 Whether the judgment dated 23rd May, 2018 should be reviewed, varied, or set aside and the matter heard de novo.
Ratio Decidendi
The court found that the grounds raised in the application pertain to substantive issues that should be determined by the court hearing the main appeal. The court certified the application as urgent and directed that it be placed before the appropriate judge for further directions. The court did not grant the substantive orders sought, such as stay of execution or review of judgment, at this interlocutory stage, emphasizing that prerequisites for such relief, including security for due performance, must be addressed by the appellate court. The application was thus limited to certification of urgency and referral to the appellate judge for determination.
Court Disposition
Application certified urgent and referred to appellate judge; no substantive relief granted at this stage.
Orders
- The application is certified urgent.
- The application will be placed before Hon. Justice Lucy Mbugua, ELC Judge at Meru on 19th August, 2020.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
MERU ELC APPEAL CASE NO. 92 OF 2010
DR. LEONARD KIMEU MWANTHI ….............................................................APPELLANT
VERSUS
RUKARIA M’TWERANDU M’IRINGU…......................................................RESPONDENT
AND
NATHANIEL KITHINJI IKIUGU...1ST INTENDED INTERESTED PARTY/APPLICANT
LABAN NDETWA NGIGI……….....2ND INTENDED INTERESTED PARTY/APPLICANT
ZIPPORAH NKATHA MBAABU…...3RD INTENDED INTERESTED PARTY/APPLICANT
ANNE WANJUGU KARIITHI….....….4TH INTENDED INTERESTED PARTY/APPLICANT
MUKINDIA SAMWEL MWIRIGI…..5TH INTENDED INTERESTED PARTY/APPLICANT
RULING
1. This application is dated 3rd August, 2020 and seeks the following orders:-
1. That this matter be certified as urgent and be heard exparte in the first instance.
2. That this honourable court be pleased to enjoin the intended interested parties/applicants herein in these proceedings.
3. That this honourable court be pleased to issue an order for stay of execution herein of the orders issued on 23rd May, 2018, pending the hearing and determination of this application.
4. That this honourable court be pleased to review, vary and/or set aside its judgment dated the 23rd May, 2018 and the matter be heard denovo.
5. That in the alternative to prayer No. 4, there be a declaration that when the Appellant herein is recovering his share, the same be done with the exclusion of parcels Nos. Ntima/Igoki/9595, 9596, 9605, 9601, 9597 and 9598 belonging to the 1st, 2nd, 3rd, 4th and 5th applicants herein respectively.
6. That costs of this application be provided for.
2. The application is supported by the affidavit of Dr. Leonard Kimeu Mwanthi, the applicant and has 36 grounds.
3. I note that the grounds in the application address issues which will be considered by the court when hearing and determining the appeal. I am of the opinion that these are issues which should be considered by the court which will hear and determine the appeal, in this case Meru ELC Court. For stay of execution, prerequisites such as security for due performance must be addressed.
4. The following orders are issued:_
a) The application is certified urgent.
b) This application will be placed before the Hon. Justice Lucy Mbugua, ELC Judge at Meru on 19th August, 2020.
Delivered in Chambers at Chuka this 6th day of August, 2020 in the presence of:
CA: Ndegwa
P. M. NJOROGE,
JUDGE.