[2019] KEELC 3140 (KLR)
The court, exercising its discretion under Section 19 of the Environment and Land Court Act, directed that the notice of motion dated 10th November 2014 be disposed of and that parties comply with pretrial directions to facilitate a full hearing. Additionally, the court ordered that neither party should develop the...
Source-derived case information.
- Citation
- [2019] KEELC 3140 (KLR)
- Parties
- Plaintiff: Ramuka Agencies Limited; Defendant: Stephen Kamau Kirima
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1458 of 2014
- Procedural Posture
- Civil Case / Interlocutory Application Ruling
- Outcome
- Interlocutory orders granted; directions issued for expeditious hearing and preservation of suit property.
- Judges
- LC Komingoi
- Legal Topics
- Interlocutory Injunctions, Pretrial Directions, Suit Property Preservation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ramuka Agencies Limited
Plaintiff
Stephen Kamau Kirima
Defendant
Procedural Posture
Civil Case / Interlocutory Application Ruling
Legal Issues
- 1 Whether the notice of motion dated 10th November 2014 should be disposed of expeditiously.
- 2 Whether parties should be restrained from developing the suit property pending hearing and determination of the suit.
Ratio Decidendi
The court, exercising its discretion under Section 19 of the Environment and Land Court Act, directed that the notice of motion dated 10th November 2014 be disposed of and that parties comply with pretrial directions to facilitate a full hearing. Additionally, the court ordered that neither party should develop the suit property until the suit is heard and determined, thereby preserving the subject matter of the dispute and preventing prejudice to either party.
Court Disposition
Interlocutory orders granted; directions issued for expeditious hearing and preservation of suit property.
Orders
- The notice of motion dated 10th November 2014 shall be disposed of.
- Parties shall comply with pretrial directions to enable the matter to proceed to full hearing.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC CIVIL CASE NO. 1458 OF 2014
RAMUKA AGENCIES LIMITED……………………………………..PLAINTIFF
=VERSUS=
STEPHEN KAMAU KIRIMA…………..............................................DEFENDANT
RULING
1. These are the directions with respect to the notice of motion dated 10th November 2014. The same was brought to court under certificate of urgency. It is now over four (4) years. Since the application was brought to court.
2. I am guided by Section 19 of the ELC Act in directing that the hearing be expedited. I hereby direct that the notice of motion dated 10th November 2014 be disposed with. The parties do comply with pretrial directions so that the matter can go to full hearing.
3. In the meantime neither party is to develop the suit property until the suit is heard and determined.
It is so ordered.
Dated, signed and delivered in Nairobi on this 7TH day of MAY 2019.
……………………….
L. KOMINGOI
JUDGE
In the presence of:-
…………………………………………………………….Advocate for the Plaintiff
……………………………………..…………………...Advocate for the Defendant
……………………………………………….………………………Court Assistant