[2020] KEELC 1400 (KLR)
The court found that the outcome in ELC Appeal No. 27 of 2019, where the appeal was allowed, directly affected the present matter, rendering it spent. As a result, there was no need for further adjudication or orders in this appeal. The court therefore marked the matter as spent with no orders as to costs,...
Source-derived case information.
- Citation
- [2020] KEELC 1400 (KLR)
- Parties
- Appellant: M’Twamwari M’Imanyara; Appellant: Gedion Kabaka Mbui; Respondent: David Mukoronia Mutwamwari; Respondent: Stephen Koome M’Twamwari; Respondent: Dickson Kirima Imanyara
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 61 of 2019
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal marked as spent
- Legal Topics
- Appeal Dismissal, Spent Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M’Twamwari M’Imanyara
Appellant
Gedion Kabaka Mbui
Appellant
David Mukoronia Mutwamwari
Respondent
Stephen Koome M’Twamwari
Respondent
Dickson Kirima Imanyara
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the outcome of ELC Appeal No. 27 of 2019 renders the present appeal spent.
Ratio Decidendi
The court found that the outcome in ELC Appeal No. 27 of 2019, where the appeal was allowed, directly affected the present matter, rendering it spent. As a result, there was no need for further adjudication or orders in this appeal. The court therefore marked the matter as spent with no orders as to costs, recognizing that the substantive issues had already been resolved in the related appeal.
Court Disposition
appeal marked as spent
Orders
- This matter is marked as spent with no orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC APPEAL NO. 61 OF 2019
M’TWAMWARI M’IMANYARA .............................................1ST APPELLANT
GEDION KABAKA MBUI .......................................................2ND APPELLANT
VERSUS
DAVID MUKORONIA MUTWAMWARI ............................1ST RESPONDENT
STEPHEN KOOME M’TWAMWARI ..................................2ND RESPONDENT
DICKSON KIRIMA IMANYARA..........................................3RD RESPONDENT
JUDGMENT
In view of the outcome in ELC Appeal No. 27 of 2019 where the appeal was allowed, this matter is hereby marked as SPENT with no orders as to costs.
DATED, SIGNED AND DELIVERED AT MERU THIS 16TH DAY OF SEPTEMBER, 2020
HON. LUCY. N. MBUGUA
ELC JUDGE
ORDER
The date of delivery of this Judgment was given to the advocates for the parties through a virtual session via Microsoft teams on 24. 6.2020. In light of the declaration of measures restricting court operations due to the COVID-19 pandemicand following the practice directions issued by his Lordship, the Chief Justice dated 17th March, 2020 and published in the Kenya Gazette of 17th April 2020 as Gazette Notice no.3137, this Judgment has been delivered to the parties by electronic mail. They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court.
HON. LUCY N. MBUGUA
ELC JUDGE