[2013] KEHC 3849 (KLR)
The court found that the interim orders granted on 7.2.2013 had lapsed by the time service was effected on the defendant on 19.3.2013. However, in the interests of justice and pursuant to section 63(e) of the Civil Procedure Act, the court exercised its discretion to grant prayers 2 and 4 of the application dated...
Source-derived case information.
- Citation
- [2013] KEHC 3849 (KLR)
- Parties
- Plaintiff: Moses Mwenda Marete; Defendant: Faith Kawira Mwenda
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 42 of 2013
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Application
- Outcome
- Interim orders (prayers 2 and 4) granted pending inter partes hearing.
- Judges
- FM Njoroge
- Legal Topics
- Interim Orders, Service of Process, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Mwenda Marete
Plaintiff
Faith Kawira Mwenda
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the interim orders granted on 7.2.2013 were still in force at the time of service upon the defendant.
- 2 Whether the court should grant further interlocutory orders pending inter partes hearing.
Ratio Decidendi
The court found that the interim orders granted on 7.2.2013 had lapsed by the time service was effected on the defendant on 19.3.2013. However, in the interests of justice and pursuant to section 63(e) of the Civil Procedure Act, the court exercised its discretion to grant prayers 2 and 4 of the application dated 29.2.2013 on an interim basis until the application could be heard inter partes and determined. The court emphasized the need to balance procedural technicalities with substantive justice, ensuring that parties are not prejudiced by lapses in service where the interests of justice require preservation of the status quo.
Court Disposition
Interim orders (prayers 2 and 4) granted pending inter partes hearing.
Orders
- Prayers 2 and 4 of the application dated 29.2.2013 are granted on an interim basis until the application is heard inter partes and determined.
- The application to be heard inter partes on 13.5.2013.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Environmental & Land Case 42 of 2013 [if gte mso 9]><xml>
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MOSES MWENDA MARETE …..........................................................PLAINTIFF
VERSUS
FAITH KAWIRA MWENDA …..........................................................DEFENDANT
R U L I N G
I have heard the argument by counsel for the defendant. The certificate of service indicates and confirms that service upon the defendant was effected on 19. 3.2013. The Interim Orders were granted on 7. 2.2013. I, therefore, agree with the defendant's advocate that by the time of service, the Interim Orders granted on 7. 2.2013 had lapsed.
However, in the interests of Justice, I invoke section 63 of the Civil Procedure Act which at (e) allows this Court to make such other interlocutory orders as may appear to the court to be just and convenient, and allow prayers 2 and 4 in the application dated 29. 2.2013 until this application has been heard interpartes and determined.
Written and signed in court at Meru this 17th day of April, 2013.
P. M. NJOROGE
JUDGE.
Delivered in open Court this 17th day of April, 2013 in the presence of
Cc Daniel/Mwonjaru
Ngari for defendant
Ringera for plaintiff
P. M. NJOROGE
JUDGE
Court Hearing of application Inter partes on 13. 5 2013