[2020] KEELC 3760 (KLR)

[2020] KEELC 3760 (KLR)

The court found that the orders granted on 22nd January 2019 were made without the participation of the applicant, who was not served with the application and thus denied an opportunity to be heard. The issue of ownership of the suit property remains unresolved and is central to the dispute. The court determined that it would be in the interest of justice to review and set aside the orders of 22nd January 2019 pending the hearing and determination of the main suit, so that both parties can be heard on the substantive issue of ownership. The court emphasized the importance of service and the right to be heard before adverse orders are made, and exercised its discretion to set aside the ex...

Citation
[2020] KEELC 3760 (KLR)
Parties
Plaintiff: Paul Mwaura Mwangi; Defendant: Stephen Kameri; Plaintiff: Stephen Ngaruiya Gitau; Defendant: Paul Mwaura Mwangi
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Judgment Date
30 January 2020
Case Number
Environment & Land Case 509 & 1045 of 2013
Procedural Posture
Notice of Motion / Ruling on Application for Review and Setting Aside of Orders
Outcome
application allowed
Judges
LC Komingoi
Legal Topics
Review of Court Orders, Service of Process, Injunctive Relief, Ownership Disputes
Source Language
English
Civil Procedure Land and Property Review of Court Orders Service of Process Injunctive Relief Ownership Disputes

Case Brief

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Parties

Paul Mwaura Mwangi

Plaintiff

Stephen Kameri

Defendant

Stephen Ngaruiya Gitau

Plaintiff

Paul Mwaura Mwangi

Defendant

Procedural Posture

Notice of Motion / Ruling on Application for Review and Setting Aside of Orders

Legal Issues

  1. 1 Whether the orders granted on 22nd January 2019 should be reviewed and/or set aside pending the hearing and determination of the suit.
  2. 2 Whether the applicant was denied an opportunity to be heard due to lack of service of the application dated 17th January 2019.
  3. 3 Whether the orders of 22nd January 2019 were misconstrued as eviction orders.

Ratio Decidendi

The court found that the orders granted on 22nd January 2019 were made without the participation of the applicant, who was not served with the application and thus denied an opportunity to be heard. The issue of ownership of the suit property remains unresolved and is central to the dispute. The court determined that it would be in the interest of justice to review and set aside the orders of 22nd January 2019 pending the hearing and determination of the main suit, so that both parties can be heard on the substantive issue of ownership. The court emphasized the importance of service and the right to be heard before adverse orders are made, and exercised its discretion to set aside the ex...

Court Disposition

application allowed

Orders

  • The orders granted on 22nd January 2019 are hereby reviewed and/or set aside pending the hearing and determination of this suit.
  • Costs do abide the outcome of the main suit.