[2024] KEELC 3306 (KLR)
The court determined that it is not possible to proceed to judgment while an application seeking substitution of the deceased plaintiff and review of the order closing the 1st defendant's case remains undetermined. The outcome of the application is material to the further conduct and final disposal of the suit. The...
Source-derived case information.
- Citation
- [2024] KEELC 3306 (KLR)
- Parties
- Applicant: Jamlick Muriuki Ngaari; Respondent: Martha Kabon Chebii; Respondent: Land Registrar Nakuru; Applicant: Henry K. Chebii (As Administrator of the Estate of Martha Kabon Chebii)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 169 of 2017
- Procedural Posture
- Environment and Land Case / Directions on Interlocutory Application for Substitution and Review
- Outcome
- File to be returned to Nakuru for hearing of the pending application; no judgment to be written until application is determined.
- Judges
- FM Njoroge
- Legal Topics
- Party Substitution, Review of Orders, Case Management, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jamlick Muriuki Ngaari
Applicant
Martha Kabon Chebii
Respondent
Land Registrar Nakuru
Respondent
Henry K. Chebii (As Administrator of the Estate of Martha Kabon Chebii)
Applicant
Procedural Posture
Environment and Land Case / Directions on Interlocutory Application for Substitution and Review
Legal Issues
- 1 Whether the applicant should be substituted for the original plaintiff who is deceased.
- 2 Whether the order closing the 1st defendant's case should be reviewed and set aside to allow hearing of the 1st defendant's case.
- 3 Whether judgment can be written while the application for substitution and review is pending.
Ratio Decidendi
The court determined that it is not possible to proceed to judgment while an application seeking substitution of the deceased plaintiff and review of the order closing the 1st defendant's case remains undetermined. The outcome of the application is material to the further conduct and final disposal of the suit. The court further noted that the application had not been served on the plaintiff's counsel, and that the matter should be heard at Nakuru, where the proceedings had previously been conducted, to ensure continuity and finality. Accordingly, the file was directed to be returned to Nakuru for hearing and determination of the pending application before any further steps, including...
Court Disposition
File to be returned to Nakuru for hearing of the pending application; no judgment to be written until application is determined.
Orders
- This file is to be returned to Nakuru for the hearing of the application dated 29/6/2023.
- No judgment shall be written until the pending application is heard and determined.
Full Case Text
Judgment text and source record
22 paragraphs
Ngaari v Chebii & another; Chebii (As Administrator of the Estate of Martha Kabon Chebii) (Applicant) (Environment & Land Case 169 of 2017) [2024] KEELC 3306 (KLR) (23 April 2024) (Directions)
Neutral citation: [2024] KEELC 3306 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case 169 of 2017
FM Njoroge, J
April 23, 2024
Between
Jamlick Muriuki Ngaari
Applicant
and
Martha Kabon Chebii
1st Respondent
Land Registrar Nakuru
2nd Respondent
and
Henry K. Chebii (As Administrator of the Estate of Martha Kabon Chebii)
Applicant
Directions
1. The present suit was heard on 18/11/2024. The matter came up on 29/1/2024 when the Hon Justice Ombwayo directed that the matter be placed before me for the preparation of judgment. I have examined the record for that day and found that Mr Maina for the defendant had stated that there is an application dated 29/6/2023 on the record which needed to be disposed of. The order that the matter be placed before me was nevertheless made. However, it is noteworthy that Mr Mwangi for the plaintiff indicated to court that he had not been served with the application and this was not controverted by the defendant. I have also noted that the application seeks to have the applicant be substituted for the original plaintiff who is said to be deceased, and that the order closing the 1st defendant’s case be reviewed and set aside to pave the way for the hearing of the 1st defendant’s case. That application can not be wished away and its outcome can not be foretold and it is thus not possible to write judgment while it is pending.
2. I have considered the circumstances surrounding the application, least not being that I, having proceeded on transfer to Malindi, should allow the application be heard at Nakuru so that in the event it is granted the matter can proceed from where it stopped. For that reason, I hereby direct that this file be returned to Nakuru for the hearing of the application and so that the matter may be disposed of with finality at that station whatever the outcome of the trial of the application will be.
DIRECTIONS DATED, SIGNED AND ISSUED AT MALINDI VIA ELECTRONIC MAIL ON THIS 23RD DAY OF APRIL, 2024. MWANGI NJOROGEJUDGE, ELC, MALINDI