[2019] KEELC 3096 (KLR)
The court determined that, in the interest of expeditious justice and guided by Section 19 of the Environment and Land Court Act, the pending interlocutory applications (the notice of motion dated 14th October 2016 and the preliminary objection dated 1st November 2016) should be dispensed with. The court directed...
Source-derived case information.
- Citation
- [2019] KEELC 3096 (KLR)
- Parties
- Plaintiff: Runda Gardens Residents Association; Defendant: Nairobi City County; Defendant: National Construction Authority; Defendant: National Environmental Management Authority; Defendant: Yasin Mohamed Jamal
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1283 of 2016
- Procedural Posture
- Civil Case / Ruling on Interlocutory Applications and Pretrial Directions
- Outcome
- Interlocutory applications dispensed with; parties directed to comply with pretrial directions for expedited hearing of the main suit.
- Judges
- LC Komingoi
- Legal Topics
- Pretrial Procedure, Expedited Hearing, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Runda Gardens Residents Association
Plaintiff
Nairobi City County
Defendant
National Construction Authority
Defendant
National Environmental Management Authority
Defendant
Yasin Mohamed Jamal
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Applications and Pretrial Directions
Legal Issues
- 1 Whether the interlocutory applications should be dispensed with to expedite the hearing of the main suit.
- 2 Whether the parties should comply with pretrial directions for the matter to proceed to full hearing.
Ratio Decidendi
The court determined that, in the interest of expeditious justice and guided by Section 19 of the Environment and Land Court Act, the pending interlocutory applications (the notice of motion dated 14th October 2016 and the preliminary objection dated 1st November 2016) should be dispensed with. The court directed the parties to comply with pretrial directions to enable the main suit to proceed to full hearing without further delay. This approach prioritizes substantive determination of the dispute over prolonged interlocutory litigation.
Court Disposition
Interlocutory applications dispensed with; parties directed to comply with pretrial directions for expedited hearing of the main suit.
Orders
- The notice of motion dated 14th October 2016 and the preliminary objection dated 1st November 2016 are dispensed with.
- Parties are to comply with pretrial directions so that the suit can be heard fully.
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. 1283 OF 2016
RUNDA GARDENS RESIDENTS ASSOCIATION..........PLAINTIFF/APPLICANT
VERSUS
NAIROBI CITY COUNTY....................................1ST DEFENDANT/RESPONDENT
NATIONAL CONSTRUCTION AUTHORITY....2ND DEFENDANT/RESPONDENT
NATIONAL ENVIRONMENTAL
MANAGEMENT AUTHORITY...........................3RD DEFENDANT/RESPONDENT
YASIN MOHAMED JAMAL..............................4TH DEFENDANT/RESPONDENT
RULING
1. The notice of motion dated 14th October 2016 was brought under a certificate of urgency. It is now more than three (3) years. The said application has not been heard and determined to date.
2. I am guided by Section 19 of the ELC Act in directing that the hearing of the main suit be expedited. Accordingly, I direct that the notice of motion dated 14th October 2016 and the preliminary objection dated 1st November 2016 be dispensed with.
3. Parties do comply with pretrial directions so that the suit can be heard fully.
It is so ordered.
Dated, signed and delivered in Nairobi on this 9TH day of MAY 2019.
L. KOMINGOI
JUDGE
In the presence of:-
.........................Advocate for the Plaintiff
.................Advocate for the Defendants
.......................................Court Assistant