[2021] KEELC 2287 (KLR)
The court found that the directions for joinder of Rojax Muia and Richard Kamau as defendants, as given in the ruling of 8th May 2019, were unnecessary because the two individuals had already been enjoined as parties by an earlier order. Accordingly, the court reviewed and omitted those directions from its previous...
Source-derived case information.
- Citation
- [2021] KEELC 2287 (KLR)
- Parties
- Plaintiff: Sona Properties Limited; Defendant: Ruiru-Juja Water & Sewerage Company Limited; Defendant: County Government of Kiambu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1554 of 2020
- Procedural Posture
- Notice of Motion / Ruling on Application for Review and Variation of Earlier Court Ruling
- Outcome
- application dismissed
- Judges
- LC Komingoi
- Legal Topics
- Review of Court Orders, Joinder of Parties, Interlocutory Applications
- 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 Company Limited
Defendant
County Government of Kiambu
Defendant
Procedural Posture
Notice of Motion / Ruling on Application for Review and Variation of Earlier Court Ruling
Legal Issues
- 1 Whether the court should review and vary its ruling delivered on 8th May 2019.
- 2 Whether the joinder of Rojax Muia and Richard Kamau as defendants was proper.
- 3 Whether prayers 5 and 6 of the Notice of Motion dated 30th July 2014 should be granted at this stage.
Ratio Decidendi
The court found that the directions for joinder of Rojax Muia and Richard Kamau as defendants, as given in the ruling of 8th May 2019, were unnecessary because the two individuals had already been enjoined as parties by an earlier order. Accordingly, the court reviewed and omitted those directions from its previous ruling. However, the court declined to grant prayers 5 and 6 of the Notice of Motion dated 30th July 2014 at this interlocutory stage, holding that the substance of the matter should be determined at a full hearing. The application for review and variation was therefore dismissed, and the plaintiff was directed to expedite the hearing of the main suit to ensure that all issues...
Court Disposition
application dismissed
Orders
- The Notice of Motion dated 12th June 2019 is dismissed.
- Costs be in the cause.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC CASE NO. 1554 OF 2013
SONA PROPERTIES LIMTED................................................PLAINTIFF/APPLICANT
VERSUS
RUIRU-JUJA WATER & SEWARAGE
COMPANY LIMITED................................................1ST DEFENDANT/RESPONDENT
COUNTY GOVERNMENT OF KIAMBU...................2ND DEFENANT/RESPONDENT
RULING
1. This is the Notice of Motion dated 12th Jane 2019 brought under section 3A and 80 of the Civil Procedure Act, Cap 21 of the Laws of Kenya; Order 40 Rules 1 and 2, Order 51 Rule 1 of the Civil Procedure Rules and all enabling provisions of the law.
2. It seeks orders:-
1. Spent.
2. That this honourable court be pleased to review and vary the ruling delivered on 8th May 2019.
3. That the costs of this application be provided for.
3. The grounds are on the face of the application and are set out I paragraphs 1 to 8.
4. The application is supported by the affidavit of Uday Shah, the Managing Director of the plaintiff herein sworn on the 12th June 2019.
5. On the 21st January 2020 leave was granted to the defendants/respondents to file the responses and submissions within 14 days. By the time of writing this ruling the 1st defendant has not filed any response and/or submissions. The plaintiff’s submissions are also not on record. Only the 2nd defendant has filed written submissions.
6. I have considered the Notice Motion and the supplementary affidavit, I have also considered the submissions by the 2nd defendant. The issue for determination is whether this application is merited.
7. This court in its ruling of 8th May 2019 gave directions that the Notice of Motion dated 30th July 2014 be dispensed with. It also allowed prayer No.2 which was for joinder of Rojax Muia and Richard Kamau as defendants. This court is now guided that the two defendants had been enjoined in an earlier order. To this extent the ruling of 8th May 2019 is reviewed omit these directions for joinder.
8. This court however maintains that the prayers No 5 and 6 of the Notice of Motion dated 30th July 2014 need not be granted at this stage. The court ought to go into the substance of this matter.
9. This matter ought to be proceed to full hearing so that all the issues herein will be resolved.
10. The ends of justice will be met if this matter proceeds to full hearing. The plaintiff is hereby directed to expedite the hearing of the main suit.
11. In essence the Notice of Motion dated 12th June 2019 is hereby dismissed. Costs be in the cause.
It is so ordered.
Dated, signed and delivered in Nairobi on this 29th day of July 2021.
……………………….
L. KOMINGOI
JUDGE
In the presence of:-
Mr. Gathu for the Plaintiff
No appearance for the 1st Defendant
No appearance for the 2nd Defendant
Phyllis - Court Assistant