[2017] KEELC 3813 (KLR)

[2017] KEELC 3813 (KLR)

The court dismissed the plaintiff's Notice of Motion because the reliefs sought were contrary to the judgment already delivered in the suit. There was no application for review of the judgment before the court, and therefore, the court lacked jurisdiction to grant the prayers sought. The court emphasized that any...

Source-derived case information.

Citation
[2017] KEELC 3813 (KLR)
Parties
Plaintiff: Margaret Rose Wambui; Defendant: Silvester John Njoroge
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Case 3087 of 1981
Procedural Posture
Notice of Motion / Ruling
Outcome
Notice of Motion dismissed with no order as to costs.
Judges
MM Gitumbi
Legal Topics
Motion Dismissal, Judgment Enforcement
Source Language
en
Land and Property Motion Dismissal Judgment Enforcement

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Margaret Rose Wambui

Plaintiff

Silvester John Njoroge

Defendant

Procedural Posture

Notice of Motion / Ruling

Legal Issues

  1. 1 Whether the prayers sought in the Notice of Motion dated 22nd March 2016 can be granted in light of the existing judgment.
  2. 2 Whether there is a pending application for review of the judgment before the court.

Ratio Decidendi

The court dismissed the plaintiff's Notice of Motion because the reliefs sought were contrary to the judgment already delivered in the suit. There was no application for review of the judgment before the court, and therefore, the court lacked jurisdiction to grant the prayers sought. The court emphasized that any party aggrieved by a judgment must follow the proper procedure for review or appeal, and cannot seek orders that undermine the finality of a judgment through a miscellaneous application.

Court Disposition

Notice of Motion dismissed with no order as to costs.

Orders

  • The Notice of Motion dated 22nd March 2016 is dismissed.
  • There shall be no order as to costs.