[2021] KEELC 1557 (KLR)
The court held that following the transfer of Judge Eboso to another station and the assignment of his matters to the current judge, the court as presently constituted is fully seized of the matter. Therefore, the current judge is competent to hear and determine the pending application for review of judgment, and...
Source-derived case information.
- Citation
- [2021] KEELC 1557 (KLR)
- Parties
- Plaintiff: Rico Kinyariro Kariuki; Defendant: Renate Wolff (also known as Renate Hartman Werner)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 330 of 2017
- Procedural Posture
- Review Application / Directions on Handling of Review Application Post Judgment
- Outcome
- The court directed that it is properly seized of the matter and will proceed to hear the pending application for review.
- Judges
- LN Mbugua
- Legal Topics
- Review of Judgment, Judicial Transfer, Case Assignment, Land Dispute
- 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
Rico Kinyariro Kariuki
Plaintiff
Renate Wolff (also known as Renate Hartman Werner)
Defendant
Procedural Posture
Review Application / Directions on Handling of Review Application Post Judgment
Legal Issues
- 1 Whether the judge currently presiding over the court is properly seized of the matter following the transfer of the original trial judge.
- 2 Whether the application for review of judgment can be heard by the new judge.
Ratio Decidendi
The court held that following the transfer of Judge Eboso to another station and the assignment of his matters to the current judge, the court as presently constituted is fully seized of the matter. Therefore, the current judge is competent to hear and determine the pending application for review of judgment, and the court will proceed accordingly.
Court Disposition
The court directed that it is properly seized of the matter and will proceed to hear the pending application for review.
Orders
- The court as presently constituted will proceed to hear the pending application for review of judgment.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC CASE NO. 330 OF 2017
RICO KINYARIRO KARIUKI.....PLAINTIFF
VS
RENATE WOLFF........................DEFENDANT
(also known as Renate Hartman Werner)
RULING/DIRECTIONS
1. Judgment herein was delivered by Judge Eboso on 1. 10. 2018. The Applicant/Defendant filed an application dated 25. 3.2021 seeking orders inter-alia, a review of the said judgment. When the application came up for hearing before me on 13. 10. 2021, Counsel for the Plaintiff stated that Judge Eboso is the one who delivered the Judgment and ought to handle the matter. That they therefore had an issue if I was to handle the case. The Applicants however have no objection if I proceed to handle the matter.
2. I find that Judge Eboso was transferred from this court to Thika ELC as from mid-September 2021. In turn, I was transferred to this court whereby I took over all matters assigned to Judge Eboso. It follows that this court presided over by myself is the one now fully seized of the matter at hand and the court will therefore proceed to hear the pending issues including the application.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 14TH DAY OF OCTOBER, 2021THROUGH MICROSOFT TEAMS.
LUCY N. MBUGUA
JUDGE
In the presence of:-
Thairu for the Applicant/Defendant
Gwade h/b for Mrs. Oyaro for the Plaintiff/Respondent
Court Assistant: Edel Barasa