[2021] KEELC 303 (KLR)
The court found that the application raised issues that could only be clarified after hearing both parties. Recognizing the urgency, the court certified the application as urgent, granted interim relief as sought in prayer 2 of the application, and directed the petitioner to serve the respondents within 10 days. The...
Source-derived case information.
- Citation
- [2021] KEELC 303 (KLR)
- Parties
- Applicant: Mare Oge; Respondent: Habiba Aila Kara; Respondent: Kadhi Court’s Marsabit
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- ? E001 of 2021
- Procedural Posture
- Constitutional Petition / Interlocutory Application Ruling
- Outcome
- Application certified urgent; interim relief granted; directions for service and interpartes hearing issued.
- Legal Topics
- Urgent Applications, Service of Process, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mare Oge
Applicant
Habiba Aila Kara
Respondent
Kadhi Court’s Marsabit
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Application Ruling
Legal Issues
- 1 Whether the application raises urgent issues warranting priority hearing.
- 2 Whether the petitioner should be granted interim relief before full hearing.
- 3 Whether proper service of the application upon the respondents is necessary before interpartes hearing.
Ratio Decidendi
The court found that the application raised issues that could only be clarified after hearing both parties. Recognizing the urgency, the court certified the application as urgent, granted interim relief as sought in prayer 2 of the application, and directed the petitioner to serve the respondents within 10 days. The court scheduled the matter for interpartes hearing, emphasizing the importance of proper service and the need to hear all parties before making substantive determinations.
Court Disposition
Application certified urgent; interim relief granted; directions for service and interpartes hearing issued.
Orders
- The application is certified urgent and will be heard on a priority basis.
- Prayer 2 in the application is granted.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT ISIOLO
ELC PETITION. NO. E001 OF 2021
MARE OGE.....................................................................PETITIONER
VERSUS
HABIBA AILA KARA..........................................1ST RESPONDENT
KADHI COURT’S MARSABIT..........................2ND RESPONDENT
RULING
1. The apposite Notice of Motion is dated 22nd of December, 2021.
2. I have perused this application and all annexed documents. I find that the issues raised therein can only be clarified after the parties have been heard.
3. The following orders are hereby issued:
a) This application is certified urgent and will be heard on a priority basis.
b) Prayer 2 in the application is hereby granted.
c) The petitioner is directed to properly serve the application upon the respondents within 10 days of today.
d) The application will be heard interpartes on 17th January, 2022.
DELIVERED AT ISIOLO THIS 22ND OF DECEMBER, 2021 IN THE PRESENCE OF:
Court Assistant: Denge.
HON. JUSTICE P. M. NJOROGE
ELC JUDGE, ISIOLO