[2022] KEELC 2442 (KLR)
The court found that the application to set aside the notice of withdrawal of proceedings and the consequential orders was meritorious, as the supporting affidavit's averments were uncontroverted and the application was not opposed by any party. The court exercised its discretion to grant the orders sought in...
Source-derived case information.
- Citation
- [2022] KEELC 2442 (KLR)
- Parties
- Applicant: Lucy Ogoki Rutere & 34 others; Respondent: Muthithi Investment Limited; Respondent: Fuelex Limited; Respondent: Riverbank Limited; Respondent: Kandimugwa Limited; Interested Party: Inspector General of Police; Interested Party: Attorney General; Interested Party: Ethic and Anti-Corruption Commission; Interested Party: Nairobi City County
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Petition 21 of 2019
- Procedural Posture
- Notice of Motion / Ruling on Interlocutory Application
- Outcome
- Application allowed; orders granted as per prayers 3 and 4 of the notice of motion.
- Judges
- LC Komingoi
- Legal Topics
- Withdrawal of Proceedings, Setting Aside Orders, Unopposed 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
Lucy Ogoki Rutere & 34 others
Applicant
Muthithi Investment Limited
Respondent
Fuelex Limited
Respondent
Riverbank Limited
Respondent
Kandimugwa Limited
Respondent
Inspector General of Police
Interested Party
Attorney General
Interested Party
Ethic and Anti-Corruption Commission
Interested Party
Nairobi City County
Interested Party
Procedural Posture
Notice of Motion / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the notice of withdrawal of proceedings and the consequential orders should be set aside as null and void.
- 2 Whether the court should proceed with the fair trial and determination of the 4th Interested Party’s cross-petition and notice of motion as originally scheduled.
Ratio Decidendi
The court found that the application to set aside the notice of withdrawal of proceedings and the consequential orders was meritorious, as the supporting affidavit's averments were uncontroverted and the application was not opposed by any party. The court exercised its discretion to grant the orders sought in prayers 3 and 4 of the notice of motion, thereby setting aside the impugned withdrawal and restoring the matter for fair trial and determination of the 4th Interested Party’s cross-petition and related applications.
Court Disposition
Application allowed; orders granted as per prayers 3 and 4 of the notice of motion.
Orders
- The notice of withdrawal of proceedings dated February 14, 2022, and the order adopted and made thereon dated February 15, 2021, purportedly on behalf of the Plaintiff, are set aside, vacated, and held to be null and void together with all consequential orders thereon.
- The court will proceed with the fair trial and determination of the 4th Interested Party’s cross-petition and notice of motion dated October 27, 2021 and November 5, 2021 as originally scheduled.
Full Case Text
Judgment text and source record
38 paragraphs
Rutere & 34 others v Muthithi Investment Limited & 3 others; Inspector General of Police & 3 others (Interested Party) (Petition 21 of 2019) [2022] KEELC 2442 (KLR) (14 July 2022) (Ruling)
Neutral citation: [2022] KEELC 2442 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Petition 21 of 2019
LC Komingoi, J
July 14, 2022
Between
Lucy Ogoki Rutere & 34 others
Petitioner
and
Muthithi Investment Limited
1st Respondent
Fuelex Limited
2nd Respondent
Riverbank Limited
3rd Respondent
Kandimugwa Limited
4th Respondent
and
Inspector General of Police
Interested Party
Attorney General
Interested Party
Ethic and Anti-Corruption Commission
Interested Party
Nairobi City County
Interested Party
Ruling
1. This is the Notice of Motion dated 23rd March 2022 brought under sections 1A, 1B and 3A of the Civil Procedure Act, Cap 21 Laws of Kenya, and Order 51 rule 1 of the Civil Procedure Rules 2010 and all other enabling provisions of the law.
2. It seeks orders:-1. Spent.2. Spent.3. That the Notice of Withdrawal of Proceedings dated February 14, 2022, lodged in these proceedings by M/S Wambugu & Muriuki Advocates and the order adopted and made there on dated February 15, 2021purportedly on behalf of the Plaintiff herein be set aside, vacated, and held to be null and void together with all consequential orders thereon secured by M/S Wambugu & Muriuki Advocates.4. This honourable court be pleased to proceed with the fair trial and determination of the 4th Interested Party’s cross-petition and notice of motion dated October 27, 2021 and November 5, 2021 as originally scheduled.5. Such expedient directions do issue on the further prosecution of the matter herein.6. Costs abide the outcome of the suit herein.
3. The grounds are on the face of the application and are set out in paragraphs 1 to 19 of the Notice of Motion.
4. The application is supported by the affidavit of Lydia Kwamboka, 4th Interested Party’s County Attorney, sworn on the March 23, 2022.
5. The notice of motion is not opposed. When the matter came up on the June 9, 2022to confirm filing of submission’s Ms Fatma for the 1st and 2nd Interested Parties informed the court that they did not wish to oppose the notice of motion. Mr. Obuya for the 1st Respondent also informed the court that the 1st Respondent did not wish to participate in the notice of motion.
6. I have gone through the supporting affidavit of Lydia Kwamboka, County Attorney for the Plaintiff in particular paragraphs 6, 13, 15, and 16.
7. The said averments have not been controverted as the application is not opposed.
8. I find merit in the notice of motion dated March 23, 2022 and I grant orders in terms of prayers 3 and 4 of the Notice of Motion .It is so ordered.
DATED, SIGNED AND DELIVERED NAIROBI THIS 14TH DAY OF JULY 2022. …………………L. KOMINGOIJUDGEIn the presence of:-Mr. Marube for Mr. Mogaka advocate for the PetitionerMr. Obuya for Mr. Ochieng Oduol advocate for the 1st RespondentMs Fatma advocate for the 1st and 2nd Interested PartiesNo appearance for the 2nd, 3rd and 4th RespondentsNo appearance for the 3rd Interested PartyMr. H. Kinyanjui advocate for the 4th Interested Party.Steve - Court Assistant