[2022] KEELC 2828 (KLR)
The court found it necessary to prioritize the hearing of the application for stay of judgment to ensure fairness and compliance with procedural requirements. The court directed the plaintiff to serve the application and the hearing date upon the defendants within a specified period, emphasizing the importance of...
Source-derived case information.
- Citation
- [2022] KEELC 2828 (KLR)
- Parties
- Plaintiff: Lucy Mwenda; Defendant: Farooq Asef Butt; Defendant: Isiolo County Government
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Originating Summons 2 of 2022
- Procedural Posture
- Originating Summons / Interlocutory Application
- Outcome
- Application to be heard interpartes; directions for service issued.
- Judges
- PM Njoroge
- Legal Topics
- Stay of Judgment, Service of Process, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Mwenda
Plaintiff
Farooq Asef Butt
Defendant
Isiolo County Government
Defendant
Procedural Posture
Originating Summons / Interlocutory Application
Legal Issues
- 1 Whether the application for stay of judgment in ELC No. 31 of 2020 should be heard on a priority basis.
- 2 Whether the plaintiff should serve the application and hearing date upon the defendants.
Ratio Decidendi
The court found it necessary to prioritize the hearing of the application for stay of judgment to ensure fairness and compliance with procedural requirements. The court directed the plaintiff to serve the application and the hearing date upon the defendants within a specified period, emphasizing the importance of service and interpartes hearing before any substantive orders can be made. Costs were reserved to abide the outcome of the application.
Court Disposition
Application to be heard interpartes; directions for service issued.
Orders
- Plaintiff to serve the application upon the defendants within 5 days.
- Application to be heard interpartes on 11th July, 2022.
Full Case Text
Judgment text and source record
20 paragraphs
Mwenda v Butt & another (Originating Summons 2 of 2022) [2022] KEELC 2828 (KLR) (4 July 2022) (Ruling)
Neutral citation: [2022] KEELC 2828 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Originating Summons 2 of 2022
PM Njoroge, J
July 4, 2022
Between
Lucy Mwenda
Plaintiff
and
Farooq Asef Butt
1st Defendant
Isiolo County Government
2nd Defendant
Ruling
1. This Application is dated 20th June, 2022 and seeks various orders including the stay of a Judgment in ELC No. 31 of 2020.
2. Having perused the Application and its supporting documents, I find that it is necessary for the application to be heard on priority basis.
3. The following orders are issued:a.The Plaintiff is directed to serve the application upon the defendants within 5 days of today.b.The Application will be heard interpartes on 11th July, 2022 and the Plaintiff is directed to appropriately serve this date upon the defendantsc.Costs shall be in the cause.
DELIVERED IN OPEN COURT AT ISIOLO THIS 4TH DAY OF JULY, 2022 IN THE PRESENCE OF:Court Assistant: Balozi/ RahmaParties not in Court.HON. JUSTICE P. M. NJOROGEJUDGE