[2021] KEELC 2610 (KLR)
The court found that the applicant's counsel's inability to join the virtual hearing did not constitute sufficient grounds for review of the orders directing that the application be disposed of by written submissions. The court emphasized its discretion to determine the mode of hearing and noted that an oral hearing...
Source-derived case information.
- Citation
- [2021] KEELC 2610 (KLR)
- Parties
- Plaintiff: Patrick J. P Kanyagia; Defendant: Violet L Maningo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 177 of 2018
- Procedural Posture
- Notice of Motion / Ruling on Application for Review of Court Orders
- Outcome
- application dismissed
- Legal Topics
- Review of Court Orders, Written Submissions, Virtual Hearings, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick J. P Kanyagia
Plaintiff
Violet L Maningo
Defendant
Procedural Posture
Notice of Motion / Ruling on Application for Review of Court Orders
Legal Issues
- 1 Whether the applicant has established sufficient grounds for review of the court's orders given on 26th April 2021.
- 2 Whether the court's discretion to direct written submissions instead of oral hearing was properly exercised.
Ratio Decidendi
The court found that the applicant's counsel's inability to join the virtual hearing did not constitute sufficient grounds for review of the orders directing that the application be disposed of by written submissions. The court emphasized its discretion to determine the mode of hearing and noted that an oral hearing would not alter the outcome, especially since the urgency of the matter had already been accommodated by an expedited mention date. Consequently, the application for review was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for review is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
MILIMANI LAW COURTS
ELC CASE 177 OF 2018
PATRICK J. P KANYAGIA....................................................................PLAINTIFF
=VERSUS=
VIOLET L MANINGO.........................................................................DEFENDANT
RULING
1. This is a Ruling in respect of Notice of Motion dated 26th April 2021 in which the Defendant/Applicant seeks review of this court’s orders of 26th April 2021. The Applicant seeks review of the orders to enable her be heard on the application dated 8th march 2021 before the court can give further orders in respect of the application dated 8th March 2021.
2. On 26th April 2021, the Applicant’s application dated 8th March 2021 came up for hearing. The Applicant was present virtually but her lawyer had problems joining the online hearing. The court directed that the application dated 8th March 2021 be canvassed by way of written submissions. These are the orders which the Applicant seeks review so that she can be heard orally.
3. The Applicant’s application has been opposed by the Plaintiff/Respondent based on grounds of opposition dated 28th April 2021. The Respondent contends that the application by the Applicant is an abuse of the process of the court in that the court is at liberty to direct that an application be heard orally or through written submissions.
4. I have considered the Applicant’s application as well as the opposition to the same by the Respondent. The only issue for determination is whether the Applicant has made out a case for review of the orders given on 26th April 2021. It is not in dispute that the Applicant’s counsel had difficulties in joining the online hearing of the application in issue. When the counsel finally joined in the hearing, she found that the court had already given directions as to the disposal of the application.
5. The Applicant seems to be concerned that the date which was given was abit far. The Application is set for mention on 2nd June 2021. The date was given considering the availability of dates in the diary. This court’s diary is already overstretched. We are giving mention dates in October but owing to the urgency of the matter, the court gave 2nd June 2021 when ordinarily, no mention dates are given as the court concentrates on hearings only.
6. There is absolutely no need for review of the court’s orders. The court is at liberty to either hear a matter orally or direct that parties put in submissions. In the instant case, the court has already given directions that the application be disposed of by way of written submissions. An oral hearing will not make any difference. I therefore find no merit in this application which is hereby dismissed with no order as to costs.
It is so ordered.
DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 19TH DAY OF MAY 2021.
E.O.OBAGA
JUDGE
In the Virtual presence of:-
M/s Maina for Defendant/Applicant
Prof.Wangai for Plaintiff/Respondent
Court Assistant: Okumu
E. O.OBAGA
JUDGE