[2021] KEELC 2677 (KLR)

[2021] KEELC 2677 (KLR)

The court found that the application dated 15/6/2021 was not opposed and, upon consideration, granted the orders as prayed. The suit was reinstated for hearing and final disposal, and the previous order transferring the suit to the Chief Magistrates Court was revoked. The court exercised its discretion to ensure...

Source-derived case information.

Citation
[2021] KEELC 2677 (KLR)
Parties
Plaintiff: Michael Maling’a Mbit0; Defendant: Florence Kathleen Law
Court
Environment and Land Court
Court Station
Environment and Land Court at Kitale
Jurisdiction
Kenya
Case Number
Environment & Land Case 20 of 2019
Procedural Posture
Miscellaneous Application / Ruling on Application for Reinstatement and Revocation of Transfer Order
Outcome
Application granted. Suit reinstated. Transfer order revoked.
Legal Topics
Suit Reinstatement, Transfer of Suit, Jurisdiction, Case Management
Source Language
en
Land and Property Suit Reinstatement Transfer of Suit Jurisdiction Case Management

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Summary, issues, holding and outcome

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Parties

Michael Maling’a Mbit0

Plaintiff

Florence Kathleen Law

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Application for Reinstatement and Revocation of Transfer Order

Legal Issues

  1. 1 Whether the application for reinstatement of the suit should be granted.
  2. 2 Whether the previous order transferring the suit to the Chief Magistrates Court should be revoked.

Ratio Decidendi

The court found that the application dated 15/6/2021 was not opposed and, upon consideration, granted the orders as prayed. The suit was reinstated for hearing and final disposal, and the previous order transferring the suit to the Chief Magistrates Court was revoked. The court exercised its discretion to ensure that the matter is heard and determined on its merits in the appropriate forum.

Court Disposition

Application granted. Suit reinstated. Transfer order revoked.

Orders

  • The application dated 15/6/2021 is granted as prayed.
  • The suit is reinstated back to this court for hearing and final disposal.