[2019] KEELC 4126 (KLR)
The court determined that, given the existence of parallel suits involving the same parties and subject matter, it is necessary to peruse both files before making a substantive decision on the application and the Preliminary Objection. The court exercised its supervisory jurisdiction under section 13(5) of the...
Source-derived case information.
- Citation
- [2019] KEELC 4126 (KLR)
- Parties
- Applicant: M'Mithea M'Imathiu; Respondent: Miriti Nchooro
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- ? 9 of 2019
- Procedural Posture
- Miscellaneous Application / Interim Ruling
- Outcome
- Interim orders issued; status quo maintained pending further directions.
- Legal Topics
- Stay of Orders, Exparte Orders, Preliminary Objection, Forum Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M'Mithea M'Imathiu
Applicant
Miriti Nchooro
Respondent
Procedural Posture
Miscellaneous Application / Interim Ruling
Legal Issues
- 1 Whether the application to stay or vary ex parte orders should be heard by this court or the trial court.
- 2 Whether the existence of parallel suits with the same parties and subject matter affects the current proceedings.
- 3 Whether the court should maintain the status quo pending perusal of related files.
Ratio Decidendi
The court determined that, given the existence of parallel suits involving the same parties and subject matter, it is necessary to peruse both files before making a substantive decision on the application and the Preliminary Objection. The court exercised its supervisory jurisdiction under section 13(5) of the Environment and Land Court Act to call for the relevant files. In the interim, the court maintained the status quo to preserve the subject matter pending further directions after perusal of the files.
Court Disposition
Interim orders issued; status quo maintained pending further directions.
Orders
- The Deputy Registrar to call for Maua CMCC No. 148/11 and Tigania ELC No. 209/2018 files for perusal and directions.
- The order of status quo given on 15.2.2019 to remain in force.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
MISC 9 OF 2019
M’MITHEA M’IMATHIU........................................APPLICANT
VERSUS
MIRITI NCHOORO..............................................RESPONDENT
INTERIM RULING
1. In the application dated 11. 2.2019, this court has been called upon to stay/vary the exparte orders issued on 20. 12. 2018. Applicant seeks for an opportunity to be heard. The exparte orders were apparently given in Tigania ELC case no. 209 of 2018.
2. The respondent has filed a Preliminary Objection dated 13. 2.2019 averring that the application offends the rules of procedure since such an application ought to be made before the trial court.
3. The court directed that both the application and Preliminary Objection be argued together.
4. It has emerged that there is another suit in Maua No. 148/11, same parties, same subject matter. This court is desirous of perusing the two files in order to make an informed decision.
5. Pursuant to provisions of section 13 (5) of the Environment and Land Court Act, I hereby direct that the two files - Maua CMCC No. 148/11 and Tigania ELC No. 209/2018 be called for to this court for perusal and directions. The Deputy Registrar of this court to ensure compliance with this order.
6. Meanwhile, the order of status quo given on 15. 2.2019 is to remain in force.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 20TH MARCH, 2019 IN THE PRESENCE OF:-
C/A: Kananu
Respondent
HON. LUCY. N. MBUGUA
ELC JUDGE