[2019] KEELC 3134 (KLR)
The court found that, in the interest of justice and efficient case management, the interlocutory application dated 30th July 2014 should be dispensed with except for the prayer seeking the joinder of Rojax Muia and Richard Kamau as defendants, which was granted. The court emphasized the need for compliance with...
Source-derived case information.
- Citation
- [2019] KEELC 3134 (KLR)
- Parties
- Plaintiff: Sona Properties Limited; Defendant: Ruiru Juja Water & Sewerage Co. Ltd; Defendant: County Government of Kiambu; Defendant: Athi Water Services Board
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1554 of 2013
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application
- Outcome
- Interlocutory application partially allowed; joinder of additional defendants granted; other prayers dispensed with; parties directed to comply with pretrial directions.
- Judges
- LC Komingoi
- Legal Topics
- Joinder of Parties, Pretrial Directions, Expedited Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sona Properties Limited
Plaintiff
Ruiru Juja Water & Sewerage Co. Ltd
Defendant
County Government of Kiambu
Defendant
Athi Water Services Board
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the notice of motion dated 30th July 2014 should be dispensed with except for the prayer for joinder of additional defendants.
- 2 Whether the hearing of the main suit should be expedited.
Ratio Decidendi
The court found that, in the interest of justice and efficient case management, the interlocutory application dated 30th July 2014 should be dispensed with except for the prayer seeking the joinder of Rojax Muia and Richard Kamau as defendants, which was granted. The court emphasized the need for compliance with pretrial directions to facilitate the expeditious hearing of the main suit, as guided by Section 19 of the Environment and Land Court Act. The ruling reflects the court's commitment to avoiding unnecessary delays and ensuring that all necessary parties are before the court for the just determination of the dispute.
Court Disposition
Interlocutory application partially allowed; joinder of additional defendants granted; other prayers dispensed with; parties directed to comply with pretrial directions.
Orders
- Prayer for joinder of Rojax Muia and Richard Kamau as defendants is granted.
- Notice of motion dated 30th July 2014 is otherwise dispensed with.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC CIVIL CASE NO. 1554 OF 2013
SONA PROPERTIES LIMITED..........................................PLAINTIFF
=VERSUS=
RUIRU JUJA WATER & SEWERAGE CO. LTD...1ST DEFENDANT
COUNTY GOVERNMENT OF KIAMBU...............2ND DEFENDANT
ATHI WATER SERVICES BOARD.........................3RD DEFENDANT
RULING
1. These are the directions in respect of the notice of motion dated 30th July 2014. The same was filed under certificate of urgency. It is more than four (4) years since the application was brought to court.
2. I am guided by the section 19 of the ELC Act in directing that the hearing of the main suit be expedited. In view of the above I direct that the notice of motion dated 30th July 2014 be dispensed with except that prayer (2) for joinder of Rojax Muia and Richard Kamau as defendants, is granted.
3. The parties do comply with pretrial directions so that the matter can go to full hearing.
Dated, signed and delivered in Nairobi on this 8TH day of MAY 2019
...............................
L. KOMINGOI
JUDGE
In the presence of:-
..........................Advocate for the Plaintiff
..........................Advocate for the 1st Defendant
..........................Advocate for the 2nd Defendant
..........................Advocate for the 3rd Defendant
..........................Court Assistant