[2020] KEELC 1254 (KLR)
The court determined that it is appropriate and in the interests of justice to hear the preliminary objection and the interlocutory application before proceeding to the main suit. The court exercised its discretion to extend the existing interim orders in accordance with section 63 of the Civil Procedure Act, to...
Source-derived case information.
- Citation
- [2020] KEELC 1254 (KLR)
- Parties
- Plaintiff: Pius Watene D Maina (suing for and on behalf of the Baptist Convention of Kenya); Defendant: Director General Kenya Urban Roads Authority; Defendant: Hyperteck Contractors & Equipment Limited; Defendant: Kenya Power & Lighting Company; Defendant: Inspector General of Police; Defendant: OCS Chuka Police Station; Defendant: Honourable Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 3 of 2020
- Procedural Posture
- Miscellaneous Application / Directions on Preliminary Objection and Interlocutory Application
- Outcome
- Directions issued for hearing of preliminary objection and application; interim orders extended.
- Legal Topics
- Preliminary Objection, Interlocutory Applications, Interim Orders, Filing of Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pius Watene D Maina (suing for and on behalf of the Baptist Convention of Kenya)
Plaintiff
Director General Kenya Urban Roads Authority
Defendant
Hyperteck Contractors & Equipment Limited
Defendant
Kenya Power & Lighting Company
Defendant
Inspector General of Police
Defendant
OCS Chuka Police Station
Defendant
Honourable Attorney General
Defendant
Procedural Posture
Miscellaneous Application / Directions on Preliminary Objection and Interlocutory Application
Legal Issues
- 1 Whether the preliminary objection and interlocutory application should be heard prior to the main suit.
- 2 Whether interim orders should be extended pending determination of the preliminary objection and application.
- 3 What directions should be given regarding the filing of submissions.
Ratio Decidendi
The court determined that it is appropriate and in the interests of justice to hear the preliminary objection and the interlocutory application before proceeding to the main suit. The court exercised its discretion to extend the existing interim orders in accordance with section 63 of the Civil Procedure Act, to preserve the status quo pending the determination of the preliminary matters. Directions were issued for the timely filing of written submissions by the applicant and the respondents, and a date was set to confirm compliance with these directions. The court's approach ensures procedural fairness and efficient management of the case.
Court Disposition
Directions issued for hearing of preliminary objection and application; interim orders extended.
Orders
- The application dated 29th June 2020 and the preliminary objection dated 19th June 2020 shall be heard first before the main suit.
- The applicant shall file submissions within 7 days; all other parties to file within 7 days after receipt of applicant's submissions.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 03 OF 2020
PIUS WATENE D MAINA(suing for and on behalf of theBaptistConvention
ofKenya.................................................................................................................PLAINTIFF/APPLICANT
VERSUS
THE DIRECTOR GENERAL KENYA URBAN ROADS AUTHORITY... 1ST DEFENDANT/RESPONDENT
HYPERTECK CONTRACTORS & EQUIPMENT LIMITED ................2ND DEFENDANT/RESPONDENT
KENYA POWER & LIGHTING COMPANY..........................................3RD DEFENDANT/RESPONDENT
THE INSPECTOR GENERAL OF POLICE............................................4TH DEFENDANT/RESPONDENT
THE OCS CHUKA POLICE STATION..................................................5TH DEFENDANT/RESPONDENT
THE HONOURABLE ATTORNEY GENERAL.................................................................6TH DEFENDANT
RULING
1. There is a Preliminary Objection dated 19. 6.2020 and an application dated 29. 6.2020. Mr. Kiongo for 3rd, 4th, 5th and 6th defendants asked the court to hear the Preliminary Objection and the application first.
2. The application dated 29. 6.2020 and the Preliminary Objection dated 19. 6.2020 will be heard first before the court proceeds to hear the main suit.
3. The applicant is directed to file his submissions concerning the application dated 29th June, 2020 and the Preliminary Objection dated 19th June, 2020 within 7 days of today and all other parties are to do so within 7 days after receipt of the applicant’s written submissions.
4. Extant interim orders are extended in terms of section 63 of the Civil Procedure Act.
5. Soft copies of all proceedings are to be availed to the ELC registry.
6. Directions to confirm filing of submissions to take place on 27. 10. 2020.
Written and delivered in open Court at Chuka this 29th day of September, 2020 in the presence of:
CA; Ndegwa
Muthomi Gitari for the Plaintiff
Kiongo present for 1st, 4th, 5th and 6th defendants
Kiongo h/b Kithinji for the 3rd defendant
P. M. NJOROGE,
JUDGE.