[2024] KEELC 13274 (KLR)
The court determined that, since all parties had communicated their agreement to a consent and requested that the scheduled ruling be held in abeyance, it was appropriate to defer the ruling until the parties could appear before the court and confirm the terms of their consent. This approach upholds judicial economy...
Source-derived case information.
- Citation
- [2024] KEELC 13274 (KLR)
- Parties
- Applicant: Shella Resort Kenya Limited; Plaintiff: Ely Company Limited; Defendant: Bustani Siri ya Njano Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 95 of 2024
- Procedural Posture
- Environment and Land Case / Ruling on Application Pending Consent Confirmation
- Outcome
- Ruling held in abeyance pending confirmation of consent.
- Judges
- FM Njoroge
- Legal Topics
- Consent Orders, Case Management, Adjournment, Environment and Land Court Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shella Resort Kenya Limited
Applicant
Ely Company Limited
Plaintiff
Bustani Siri ya Njano Limited
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application Pending Consent Confirmation
Legal Issues
- 1 Whether the court should deliver the scheduled ruling or hold it in abeyance due to the parties' consent.
- 2 Whether the parties' late consent justifies postponement of the ruling.
Ratio Decidendi
The court determined that, since all parties had communicated their agreement to a consent and requested that the scheduled ruling be held in abeyance, it was appropriate to defer the ruling until the parties could appear before the court and confirm the terms of their consent. This approach upholds judicial economy and respects the parties' autonomy to settle their dispute. The court therefore ordered that the ruling be postponed and set a mention date for confirmation of the consent.
Court Disposition
Ruling held in abeyance pending confirmation of consent.
Orders
- Ruling on the application dated 27/9/2024 is held in abeyance.
- Parties to appear before the court on 20/11/2024 to confirm the terms of the consent.
Full Case Text
Judgment text and source record
19 paragraphs
Shella Resort Kenya Limited & another v Bustani Siri ya Njano Limited (Environment & Land Case 95 of 2024) [2024] KEELC 13274 (KLR) (14 November 2024) (Ruling)
Neutral citation: [2024] KEELC 13274 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment & Land Case 95 of 2024
FM Njoroge, J
November 14, 2024
Between
Shella Resort Kenya Limited
Petitioner
and
Ely Company Limited
Plaintiff
and
Bustani Siri ya Njano Limited
Defendant
Ruling
1. The ruling on the application dated 27/9/2024 in the above mentioned matter was scheduled for delivery today. Parties had urged for an early ruling date. However, in the course of finalising the ruling and before the ruling was delivered the parties filed through on the CTS on the ruling date 14/11/24 at 9:45 am through one of the law firms involved Hamilton Harrison & Matthews a letter dated 13/11/2024 the summary of which is that the parties have arrived at a consent which they had failed to do earlier when they were granted time by this court and consequently the ruling scheduled for this matter will be held in abeyance until the parties appear before this court and confirm the terms of the consent. Mention on 20/11/2024. Parties to attend virtually.
RULING DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 14TH DAY OF NOVEMBER, 2024. MWANGI NJOROGEJUDGE, ELC, MALINDI