[2018] KEELC 4736 (KLR)
The court found that the applicant had not established any sufficient reason or error apparent on the face of the record to warrant review of the orders issued on 19:07:17. The court noted that the parties were directed to file valuation reports within 30 days, but there was no compliance. Consequently, the orders...
Source-derived case information.
- Citation
- [2018] KEELC 4736 (KLR)
- Parties
- Plaintiff: Peter Kilemi M'Itimitu (Legal representative of the estate of M'Itimitu M'Mwithia - Deceased); Defendant: Diocese of Meru; Defendant: Romano Kobia (Teressa Kaari Kobia as legal representative of Roman Kobia Linyiru - deceased)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 52 of 1998
- Procedural Posture
- Civil Suit / Ruling on Application for Review of Orders
- Outcome
- application dismissed with costs to respondent
- Legal Topics
- Review of Court Orders, Compensation for Land, Valuation Reports, Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kilemi M'Itimitu (Legal representative of the estate of M'Itimitu M'Mwithia - Deceased)
Plaintiff
Diocese of Meru
Defendant
Romano Kobia (Teressa Kaari Kobia as legal representative of Roman Kobia Linyiru - deceased)
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Review of Orders
Legal Issues
- 1 Whether the applicant has established grounds for review of the court's orders issued on 19:07:17.
- 2 Whether the plaintiff should be allowed to avail the valuation report after non-compliance with earlier court directions.
Ratio Decidendi
The court found that the applicant had not established any sufficient reason or error apparent on the face of the record to warrant review of the orders issued on 19:07:17. The court noted that the parties were directed to file valuation reports within 30 days, but there was no compliance. Consequently, the orders barring the plaintiff from availing the valuation report were justified. Furthermore, the court had already allowed the plaintiff to testify on the issue of compensation, and thus, there was no prejudice or miscarriage of justice that would necessitate review. The application for review was therefore unmerited and dismissed with costs to the respondent.
Court Disposition
application dismissed with costs to respondent
Orders
- The application dated 02:10:17 is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
CIVIL SUIT NO. 52 OF 1998
PETER KILEMI M'ITIMITU Legal representative of the estate of
M'ITIMITU M'MWITHIA -Deceased..............................................PLAINTIFF
VERSUS
DIOCESE OF MERU..............................................................1ST DEFENDANT
ROMANO KOBIA (TERESSA KAARI KOBIA as legal Representative of
ROMAN KOBIA LINYIRU-deceased.................................2ND DEFENDANT
R U L I N G
1. This Ruling is in respect of the application of 02:10:17, where applicant wants the Court to review the orders given on 19:07:17.
2. This is a case that has gone all the way to the Court of Appeal. What is pending is the issue of compensation to Plaintiff.
3. On 13:06:17 the Court had directed the parties to file valuation reports within 30 days. There was no compliance hence the orders of 19:07:17 which locked the Plaintiff from availing the Valuation Report.
4. Review is provided for under order 45 of the CPR. There is no basis for allowing the present application. After all, this Court had allowed the Plaintiff to testify regarding the issue of compensation.
5. The application of 02:10:17 is unmerited and the same is dismissed with costs to Respondent.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 24TH JANUARY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet
Wamache H/B for Kiome for Plaintiff present
Mungai for 1st Defendant present
HON. L. N. MBUGUA
ELC JUDGE