[2024] KEELC 1418 (KLR)
The court found that the preliminary objection raised issues that require substantive consideration and cannot be determined summarily at this stage. In the interest of justice, all issues, including the legal status of the 3rd defendant and the alleged incompetence of the suit, should be canvassed in the main suit...
Source-derived case information.
- Citation
- [2024] KEELC 1418 (KLR)
- Parties
- Plaintiff: Miti Limited; Defendant: Abdi Aziz Suleiman; Defendant: Bishar Suleman; Defendant: Nyara Youth Group Sued Thro, its Chairman; Defendant: The Sec. Lands, Ministry of Lands; Defendant: The Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 006 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Preliminary Objection
- Outcome
- preliminary objection dismissed
- Judges
- PM Njoroge
- Legal Topics
- Preliminary Objection, Legal Personality, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miti Limited
Plaintiff
Abdi Aziz Suleiman
Defendant
Bishar Suleman
Defendant
Nyara Youth Group Sued Thro, its Chairman
Defendant
The Sec. Lands, Ministry of Lands
Defendant
The Attorney General
Defendant
Procedural Posture
Environment and Land Case / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the suit is incompetent, bad in law, and an abuse of the court process.
- 2 Whether the 3rd defendant, Nyara Youth Group, is a legal entity capable of being sued.
Ratio Decidendi
The court found that the preliminary objection raised issues that require substantive consideration and cannot be determined summarily at this stage. In the interest of justice, all issues, including the legal status of the 3rd defendant and the alleged incompetence of the suit, should be canvassed in the main suit where parties can present evidence and arguments fully. The preliminary objection was therefore dismissed, and directions were given for compliance with procedural requirements to facilitate the hearing of the main suit.
Court Disposition
preliminary objection dismissed
Orders
- The preliminary objection dated 5/2/2024 is dismissed.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
28 paragraphs
Miti Limited v Suleiman & 4 others (Environment & Land Case 006 of 2021) [2024] KEELC 1418 (KLR) (18 March 2024) (Ruling)
Neutral citation: [2024] KEELC 1418 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case 006 of 2021
PM Njoroge, J
March 18, 2024
Between
Miti Limited
Plaintiff
and
Abdi Aziz Suleiman
1st Defendant
Bishar Suleman
2nd Defendant
Nyara Youth Group Sued Thro, its Chairman
3rd Defendant
The Sec. Lands, Ministry of Lands
4th Defendant
The Attorney General
5th Defendant
Ruling
1. This Ruling concerns the Preliminary Objection dated 5/2/2024. The Preliminary Objection states as follows;Take notice that the 3rd defendant shall at the hearing of this suit seek to raise a preliminary objection on the following grounds:1. The suit as filed is in incompetent, bad in law and an abuse of the court process.2. The party sued herein as the 3rd defendant is not a legal entity known in law capable of suing and being sued.DATED AT ISIOLO THIS 5TH DAY OF FEBRUARY, 2024
For: Mokua Obiria & Ass 2. Having perused the preliminary Objection, I do find that it raises issues which need canvassing. I opine that the canvassing can be done in the Main Suit. The greater Interest of Justice inclines one to find that all issues in this suit should be canvassed in the Main Suit.
3. All the parties are directed to fully comply with Order II CPR within 21 days of today, if they have not done so.
4. This Preliminary Objection is dismissed with costs to be in the cause.
5. Directions will be taken on 29/4/2024.
DELIVERED IN OPEN COURT AT ISIOLO THIS 18THDAY OF MARCH, 2024 IN THE PRESENCE OF:Court assistant: Balozi/RahmaMiss Kaaria holding brief for Mutunga for the Plaintiff.Miss Nyasani holding brief for Mokua for the 3rd defendant.HON. JUSTICE P.M NJOROGEJUDGE