[2024] KEELC 1780 (KLR)
The court found that the file annexed to the appeal was not the correct trial court file, as it related to a different matter with similar registration details. To ensure the appeal is determined on the correct record and in the interest of justice, the court directed the Deputy Registrar to call for the correct...
Source-derived case information.
- Citation
- [2024] KEELC 1780 (KLR)
- Parties
- Appellant: Hellen Wanjiku Macharia; Respondent: Pemi Pharmacy Limited; Respondent: The Land Registrar, Kiambu; Respondent: Peter Mukangu Mwangi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E038 of 2023
- Procedural Posture
- Environment and Land Appeal / Directions
- Outcome
- Directions issued; ruling date vacated; further mention scheduled.
- Judges
- JG Kemei
- Legal Topics
- Appeal Procedure, Court File Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hellen Wanjiku Macharia
Appellant
Pemi Pharmacy Limited
Respondent
The Land Registrar, Kiambu
Respondent
Peter Mukangu Mwangi
Respondent
Procedural Posture
Environment and Land Appeal / Directions
Legal Issues
- 1 Whether the correct trial court file is before the appellate court for determination of the appeal.
- 2 What directions should be issued to ensure the appeal is properly processed.
Ratio Decidendi
The court found that the file annexed to the appeal was not the correct trial court file, as it related to a different matter with similar registration details. To ensure the appeal is determined on the correct record and in the interest of justice, the court directed the Deputy Registrar to call for the correct trial court file. The court vacated the ruling date and scheduled a further mention to confirm compliance with these directions.
Court Disposition
Directions issued; ruling date vacated; further mention scheduled.
Orders
- The Hon. Deputy Registrar is directed to call for the correct trial court file.
- Further mention set for 7/5/2024 before the Hon. Deputy Registrar to confirm compliance.
Full Case Text
Judgment text and source record
25 paragraphs
Macharia v Pemi Pharmacy Limited & 2 others (Environment and Land Appeal E038 of 2023) [2024] KEELC 1780 (KLR) (11 April 2024) (Directions)
Neutral citation: [2024] KEELC 1780 (KLR)
Republic of Kenya
In the Environment and Land Court at Thika
Environment and Land Appeal E038 of 2023
JG Kemei, J
April 11, 2024
Between
Hellen Wanjiku Macharia
Appellant
and
Pemi Pharmacy Limited
1st Respondent
The Land Registrar, Kiambu
2nd Respondent
Peter Mukangu Mwangi
3rd Respondent
(Being an appeal against the Ruling of Hon M. A. Opondo, PM delivered in MCELCC/E012 OF 2021 at Kiambu on the 19/4/2023)
Directions
1. Upon retiring to write the Ruling in the interlocutory Appeal herein, the Court noted that the trial Court file annexed herein relates to different file. The parties are Eunice Ng’endo v Grace Muthoni & Another.
2. The two files share a similar registration number namely: Kiambu CM ELC Case No. 12 of 2021 whereas this Appeal relates to the Ruling delivered on 19/4/2023 in Kiambu MCELCC/E012 of 2021 between: Hellen Wanjiku Macharia v Pemi Pharmacy Ltd & Another.
3. In the interest of justice and to ensure expeditious disposal of the appeal, the Court directs the Hon. Deputy Registrar to call for the correct trial Court file in light of these findings.
4. Further mention on 7/5/2024 before Hon. Deputy Registrar to confirm compliance.
5. Ruling date is vacated for the reasons stated above.
DATED, SIGNED & DELIVERED AT THIKA VIA MICROSOFT TEAMS THIS 11TH DAY OF APRIL, 2024. J G KEMEIJUDGEDelivered online in the presence of;Kinyua for the AppellantKirwa for 1st Respondent2nd Respondent – AbsentKirwa for 3rd RespondentCourt Assistants – Oliver