[2021] KEELC 114 (KLR)
The court found that the application raised issues of sufficient urgency to warrant certification and the granting of interim relief as prayed in prayers 2 and 4. However, the court determined that the substantive issues could only be resolved after all parties have been heard. Accordingly, the court certified the...
Source-derived case information.
- Citation
- [2021] KEELC 114 (KLR)
- Parties
- Plaintiff: Peterson Maina Gakuya; Defendant: Mary Wairimu; Defendant: Director of Land Adjudication; Defendant: District Land Registrar Mbeere North; Defendant: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 023 of 2021
- Procedural Posture
- Miscellaneous Application / Interlocutory Application Ruling
- Outcome
- interim orders granted; application certified urgent; matter set for inter partes hearing
- Legal Topics
- Land Adjudication, Urgent Applications, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peterson Maina Gakuya
Plaintiff
Mary Wairimu
Defendant
Director of Land Adjudication
Defendant
District Land Registrar Mbeere North
Defendant
Attorney General
Defendant
Procedural Posture
Miscellaneous Application / Interlocutory Application Ruling
Legal Issues
- 1 Whether the application raises issues that require urgent consideration.
- 2 Whether prayers 2 and 4 of the application should be granted at this stage.
- 3 Whether the matter should proceed to inter partes hearing.
Ratio Decidendi
The court found that the application raised issues of sufficient urgency to warrant certification and the granting of interim relief as prayed in prayers 2 and 4. However, the court determined that the substantive issues could only be resolved after all parties have been heard. Accordingly, the court certified the application as urgent, granted the specified interim orders, directed service of the application upon the defendants within 10 days, and set a date for parties to appear for directions. Costs were ordered to be in the cause.
Court Disposition
interim orders granted; application certified urgent; matter set for inter partes hearing
Orders
- The application is certified urgent.
- Prayers 2 and 4 of the application are granted.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT EMBU
ELC NO. 023 OF 2021
PETERSON MAINA GAKUYA............................................................................PLAINTIFF
VERSUS
MARY WAIRIMU........................................................................................1ST DEFENDANT
DIRECTOR OF LAND ADJUDICATION................................................2ND DEFENDANT
DISTRICT LAND REGISTRAR MBEERE NORTH..............................3RD DEFENDANT
ATTORNEY GENERAL.............................................................................4TH DEFENDANT
RULING
1. The application is dated 15th December, 2021.
2. Having perused the application and its annextures, I am of the view that the issues raised in the application can only be clarified after the parties have been heard.
3. The following orders are issued:
a) The application is certified urgent.
b) Prayers 2 and 4 are granted.
c) Costs shall be in the cause.
d) The plaintiff/applicant is directed to serve the application upon the defendants/respondents within 10 days of today.
e) Parties are directed to appear before the Honourable E.L.C Judge at Embu on 26th of January, 2022 for directions.
DELIVERED AT ISIOLO THIS 23RD DAY OF DECEMBER, 2021 IN THE PRESENCE OF:
COURT ASSISTANT: BALOZI/DENGE
HON. JUSTICE P M NJOROGE
ELC JUDGE, ISIOLO