[2024] KEELC 13400 (KLR)
The court determined that proceeding to deliver a ruling on the plaintiff's application in E144 of 2023 alone, while a related application in E175 of 2023 remains pending and without directions, would lead to disorderly and potentially conflicting proceedings. The absence of clear consolidation and party designation...
Source-derived case information.
- Citation
- [2024] KEELC 13400 (KLR)
- Parties
- Plaintiff: Hussein Ibrahim Mohamed; Defendant: DIB Bank Kenya Limited; Defendant: Abdi Shariff Mohamed; Defendant: Zainabeshi Hassan Debebe; Defendant: Keysian Auctioneers
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Land Case E144 of 2023
- Procedural Posture
- Land Case / Ruling on Review of Directions Regarding Pending Applications
- Outcome
- Previous directions to deliver a ruling on the application dated 1.11.2023 in E144 of 2023 are reviewed and set aside.
- Judges
- LN Mbugua
- Legal Topics
- Consolidation of Matters, Interlocutory Injunctions, Possession of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Hussein Ibrahim Mohamed
Plaintiff
DIB Bank Kenya Limited
Defendant
Abdi Shariff Mohamed
Defendant
Zainabeshi Hassan Debebe
Defendant
Keysian Auctioneers
Defendant
Procedural Posture
Land Case / Ruling on Review of Directions Regarding Pending Applications
Legal Issues
- 1 Whether the court should proceed to deliver a ruling on the plaintiff's application dated 1.11.2023 in E144 of 2023 independently.
- 2 Whether all pending applications in the related files should be heard together for orderly proceedings.
- 3 Whether previous directions to deliver a ruling should be reviewed and set aside.
Ratio Decidendi
The court determined that proceeding to deliver a ruling on the plaintiff's application in E144 of 2023 alone, while a related application in E175 of 2023 remains pending and without directions, would lead to disorderly and potentially conflicting proceedings. The absence of clear consolidation and party designation between the two files further complicates the matter. To ensure orderly and fair administration of justice, the court exercised its discretion to review and set aside its earlier directions for a ruling, holding that all pending applications in both files should be handled together. This approach prevents piecemeal adjudication and ensures that all parties are properly heard...
Court Disposition
Previous directions to deliver a ruling on the application dated 1.11.2023 in E144 of 2023 are reviewed and set aside.
Orders
- The orders given on 18.9.2024 to deliver a ruling on the application dated 1.11.2023 in E144 of 2023 are reviewed and set aside.
- All pending applications in both files are to be handled together.
Full Case Text
Judgment text and source record
25 paragraphs
Mohamed v DIB Bank Kenya Limited & 3 others (Land Case E144 of 2023) [2024] KEELC 13400 (KLR) (14 November 2024) (Ruling)
Neutral citation: [2024] KEELC 13400 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Land Case E144 of 2023
LN Mbugua, J
November 14, 2024
Between
Hussein Ibrahim Mohamed
Plaintiff
and
Dib Bank Kenya Limited
1st Defendant
Abdi Shariff Mohamed
2nd Defendant
Zainabeshi Hassan Debebe
3rd Defendant
Keysian Auctioneers
4th Defendant
Ruling
1. There are two matters relating to the same property. One is case No. 144 of 2023 where the parties are HUSSEIN Ibrahim Mohamed v DIB Bank Kenya Limited, Abdi Shariff Mohamed, Zainabeshi Hassan Debebe Keysian Auctioneers, while the other one is case No. E175 of 2023 where the parties are; Abdi Shariff Mohamed v Hussein Ibrahim Mohammed.
2. On, 18. 9.2024, the court gave directions that the ruling in respect of Plaintiff’s Notice of Motion dated 1. 11. 2023 in E144 of 2023 was to be delivered on 14. 11. 2024. In the said application, the plaintiff seeks orders to restrain the 2nd and 3rd defendants from interfering with plaintiffs possession of the suit property Nairobi block 104/389, that the 2nd defendant be restrained from charging or disposing off the suit property, that the 3rd defendant be compelled to make rental payments to the court and that the OCS Pangani Police Station be directed to ensure enforcement of the orders given herein.
3. However, a perusal of the sister file no. E175 of 2023 reveals that there is also a pending application dated 2. 8.2023 which has not been given directions.
4. It is not clear as to when the two files were consolidated and the parties appear not to have been designated. It is the view of this court that all pending applications in both files should be handled together in order to have orderly proceedings. In the circumstances, the orders given on 18. 9.2024 to deliver a ruling on an application dated 1. 11. 2023 in E144 OF 2023 is hereby reviewed and set aside.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 14th DAY OF NOVEMBER 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:Kimanzi for PlaintiffMakokha holding brief for Mudanya for 4th DefendantChalo for 1st DefendantOkoth holding brief for Ali for 2nd & 3rd DefendantCourt Assistant: Vena