M’anyiri Hannington Gitari & James M’itonga Mirianga v Yetu Sacco Ltd & I.G. Ringera t/a Viewline Auctioneers [2017] KEELC 162 (KLR)
- Citation
- [2017] KEELC 162 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- Environment and Land Court
- Posture
- Constitutional Petition / Interlocutory Ruling; Ruling on Sufficiency of Affidavit Evidence
- Case number
- Environment & Land Case 32 of 2016
- Language
- English
More details
- Court
- Environment and Land Court
- Posture
- Constitutional Petition / Interlocutory Ruling; Ruling on Sufficiency of Affidavit Evidence
- Case number
- Environment & Land Case 32 of 2016
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court determined that it could not proceed to rule on the application because the affidavit of the 2nd petitioner, which is a necessary supporting document, was not on record. The absence of this affidavit meant that the application was not properly supported as required by law. Therefore, the court put the ruling on hold and directed the petitioners' counsel to avail the missing affidavit before a substantive determination could be made. This approach upholds the procedural requirement that all applications must be supported by the necessary evidence, ensuring fairness and adherence to due process.
Court disposition
Ruling put on hold pending filing of missing affidavit.
Orders
- The petitioners' counsel is directed to avail the affidavit of the 2nd petitioner before the court can proceed to rule on the application.
02
Material facts
Parties
M’Anyiri Hannington Gitari
Applicant Counsel: OjiamboJames M’Itonga Mirianga
Applicant Counsel: OjiamboYetu Sacco Ltd
Respondent Counsel: MuneneI.G. Ringera t/a Viewline Auctioneers
Respondent Counsel: Miss Muna h/b for Kiautha Arithi03
Procedural history
Posture
Constitutional Petition / Interlocutory Ruling; Ruling on Sufficiency of Affidavit Evidence
04
Questions and positions
Legal issues
- 01
Whether the petitioners have provided sufficient affidavit evidence to support their application.
- 02
Whether the absence of the 2nd petitioner's affidavit affects the determination of the application.
Party arguments
- Applicant
- The petitioners argue that their application is supported by affidavits, specifically those of Hannington Gitari and James M’Itonga Mirianga, and that the alleged contraventions of their constitutional rights warrant the court's intervention.
- Respondent
- The respondents contend that the application is not properly supported as the affidavit of the 2nd petitioner is missing, and therefore the application should not proceed until all necessary documents are availed.
05
Court’s reasoning
Legal principles
- 01
Order 19 of the Civil Procedure Rules; general principles of affidavit evidence
Applications must be supported by proper affidavit evidence from all relevant parties to be considered by the court.
- 02
Article 50(1) of the Constitution of Kenya 2010; Section 90, 96(2), 97 of the Land Act
The court must ensure that all procedural requirements are met before making a substantive determination.
06
Ratio, limits and disposition
Ratio decidendi
The court determined that it could not proceed to rule on the application because the affidavit of the 2nd petitioner, which is a necessary supporting document, was not on record. The absence of this affidavit meant that the application was not properly supported as required by law. Therefore, the court put the ruling on hold and directed the petitioners' counsel to avail the missing affidavit before a substantive determination could be made. This approach upholds the procedural requirement that all applications must be supported by the necessary evidence, ensuring fairness and adherence to due process.
Obiter and limits
- The court emphasized the importance of ensuring all supporting documents are filed before substantive rulings are made.
- The absence of a key affidavit can delay the determination of urgent applications.
Court disposition
Ruling put on hold pending filing of missing affidavit.
- The petitioners' counsel is directed to avail the affidavit of the 2nd petitioner before the court can proceed to rule on the application.
Source and reliance status
Environment and Land Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Environment and Land Court
Judgment
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC PETITION NO. 32 OF 2016
IN THE MATTER OF ARTICLE 22(1) OF THE CONSTITUTION OF KENYA 2010
AND
IN THE MATTER OF ALLEGED CONTRAVENTION OF RIGHTS AND FUNDAMENTAL
FREEDOMS UNDER ARTICLE 40(1), 48, 50(1) OF THE CONSTITUTION OF KENYA 2010
AND
IN THE MATTER OF SECTION 90, 96(2), 97 OF THE LAND ACT
AND
IN THE MATTER OF RULE 11 (B)(x) OF THE AUCTIONEERS RULES
AND
IN THE MATTER OF THE CONSTITUTION OF KENYA (PROTECTION OF
RIGHTS AND FUNDAMENTAL FREEDOMS AND ENFORCEMENT OF
THE CONSTITUTION) PRACTICE AND PROCEDURE RULES, 2013
BETWEEN
M’ANYIRI HANNINGTON GITARI.............................1ST PETITIONER
JAMES M’ITONGA MIRIANGA..................................2ND PETITIONER
VERSUS
YETU SACCO LTD.........................................................1ST RESPONDENT
I.G. RINGERA T/A VIEWLINE AUCTIONEERS....2ND RESPONDENT
RULING ORDER
I find that the application of 11. 11. 16 is apparently supported by the affidavits of Hannington Gitari and James M’Itonga Mirianga. I am not able to find the affidavit of 2nd Petitioner and the Ruling is hence put on hold for the Petitioners Counsel to avail the aforementioned document.
DELIVERED, SIGNED AND DATED IN OPEN COURT AT MERU THIS 4TH DAY OF OCTOBER, 2017 IN THE PRESENCE OF:
CA: Janet
Ojiambo for Petitioners present
Miss Muna h/b for Kiautha Arithi for Respondent present
Munene for 1st Respondent present
Hon. L.N. MBUGUA
ELC JUDGE
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