[2019] KEELC 2224 (KLR)
The court determined that, given the inordinate delay in determining the interlocutory application and in the interest of expeditious disposal of the main suit, the pending application should be dispensed with. The parties were directed to comply with pretrial directions to enable the main suit to proceed to...
Source-derived case information.
- Citation
- [2019] KEELC 2224 (KLR)
- Parties
- Plaintiff: Reuben Shitsama Ingosi; Defendant: William Ochieng Ogutu; Defendant: Albert Momanyi Makori t/a Albert Momanyi Makori Advocates; Defendant: The Chief Land Registrar
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1157 of 2015
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application; Pretrial Directions
- Outcome
- Interlocutory application dispensed with; parties to comply with pretrial directions for expedited hearing of the main suit.
- Judges
- LC Komingoi
- Legal Topics
- Pretrial Directions, Expedited Hearing, Interlocutory Applications
- 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
Reuben Shitsama Ingosi
Plaintiff
William Ochieng Ogutu
Defendant
Albert Momanyi Makori t/a Albert Momanyi Makori Advocates
Defendant
The Chief Land Registrar
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application; Pretrial Directions
Legal Issues
- 1 Whether the interlocutory application dated 23rd October 2015 should be determined or dispensed with in light of the delay.
- 2 Whether the main suit should be expedited for hearing.
Ratio Decidendi
The court determined that, given the inordinate delay in determining the interlocutory application and in the interest of expeditious disposal of the main suit, the pending application should be dispensed with. The parties were directed to comply with pretrial directions to enable the main suit to proceed to hearing, in accordance with the court's mandate to ensure efficient and timely resolution of disputes under Section 19 of the Environment and Land Court Act.
Court Disposition
Interlocutory application dispensed with; parties to comply with pretrial directions for expedited hearing of the main suit.
Orders
- The notice of motion dated 23rd October 2015 is dispensed with.
- Parties to comply with pretrial directions.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC CIVIL CASE NO. 1157 of 2015
REUBEN SHITSAMA INGOSI..............................................PLAINTIFF/APPLICANT
=VERSUS=
WILLIAM OCHIENG OGUTU..............................1ST DEFENDANT/RESPONDENT
ALBERT MOMANYI MAKORI T/A ALBERT MOMANYI
MAKORI ADVOCATES............................................2ND DEFENDAT/RESPONDENT
THE CHIEF LAND REGISTRAR.........................3RD DEFENDANT/RESPONDENT
DIRECTIONS AND/OR RULING
1. I have considered the notice of motion dated 23rd October 2015. It was filed under certificate of urgency. To-date the same has not been determined. It is almost four (4) years.
2. I am guided by Section 19 of the Environment and Land Court Act in directing that the hearing of the main suit be expedited.
3. I hereby direct that the application be dispensed with. Parties do comply with pretrial directions so that the main suit can be heard.
It is so ordered.
Dated, signed and delivered in Nairobi on this 11TH day of JULY 2019.
……………………….
L. KOMINGOI
JUDGE
In the presence of:-
………………………………………………………..….Advocate for the Plaintiff
………………………………………………………....Advocate for the Defendants
……………………………………………….………………………Court Assistant