[2024] KEELC 4345 (KLR)
The court determined that, in accordance with its prior orders and the principle of judicial consistency, the matter should be finalized by ELC 2, which had extensively handled the case. The court clarified that its intention was for ELC 2 to deal with all pending applications and the substantive petition to...
Source-derived case information.
- Citation
- [2024] KEELC 4345 (KLR)
- Parties
- Applicant: Stephen Kahindi Ngumbao & 9 others; Respondent: Ministry of Lands and Physical Planning & 14 others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Petition 20 of 2023
- Procedural Posture
- Environment and Land Petition / Interlocutory Ruling on Jurisdiction and Case Management
- Outcome
- File transferred to ELC 2 for finalization; no substantive ruling issued on pending applications.
- Judges
- FM Njoroge
- Legal Topics
- Court Jurisdiction, Case Management, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Kahindi Ngumbao & 9 others
Applicant
Ministry of Lands and Physical Planning & 14 others
Respondent
Procedural Posture
Environment and Land Petition / Interlocutory Ruling on Jurisdiction and Case Management
Legal Issues
- 1 Whether the current court should issue a substantive ruling or transfer the matter to ELC 2 for finalization.
- 2 Whether the matter should be handled entirely by ELC 2 as previously ordered.
Ratio Decidendi
The court determined that, in accordance with its prior orders and the principle of judicial consistency, the matter should be finalized by ELC 2, which had extensively handled the case. The court clarified that its intention was for ELC 2 to deal with all pending applications and the substantive petition to conclusion. As such, the current court declined to issue any substantive ruling on the pending applications and ordered the file to be transmitted to ELC 2 forthwith, ensuring proper case management and adherence to previous directions.
Court Disposition
File transferred to ELC 2 for finalization; no substantive ruling issued on pending applications.
Orders
- This file shall be transmitted to ELC 2 forthwith.
- No substantive ruling will be issued by this court on any of the pending applications.
Full Case Text
Judgment text and source record
16 paragraphs
Ngumbao & 9 others v Ministry of Lands and Physical Planning & 14 others (Environment & Land Petition 20 of 2023) [2024] KEELC 4345 (KLR) (28 May 2024) (Ruling)
Neutral citation: [2024] KEELC 4345 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment & Land Petition 20 of 2023
FM Njoroge, J
May 28, 2024
Between
Stephen Kahindi Ngumbao & 9 others
Petitioner
and
Ministry of Lands and Physical Planning & 14 others
Respondent
Ruling
1. I have perused the file record in respect of the present matter and have found that the matter had been extensively handled by ELC 2. I note that the matter came before me and I stated as much on 24/4/2024. However, as fate would have it, ELC2 was not sitting on 16th May 2024 when the matter was scheduled to come up for hearing as the Judge was away on official duties and the registry brought up the matter to this court on the basis of the ruling date I had issued for today. At this juncture I have to clarify that this court meant by its orders issued on 24/4/2024 that the matter should be entirely dealt with by ELC 2 to finalization. To allow that to happen this court will not issue a substantive ruling on any of the pending applications herein and this file shall be transmitted to ELC 2 forthwith.
DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 28TH DAY OF MAY 2024. MWANGI NJOROGEJUDGE, ELC, MALINDI.