[2019] KEELC 1149 (KLR)
The court found that since Judgment had already been delivered in Machakos High Court Matrimonial Cause No. 10 of 2017, the basis for the stay order no longer existed. As a result, the application to review the stay order was rendered moot and spent. The court therefore declined to grant the orders sought and...
Source-derived case information.
- Citation
- [2019] KEELC 1149 (KLR)
- Parties
- Plaintiff: Susan Ndunge Maingi; Defendant: Maingi Mukeka Tuto; Defendant: George Kariuki; Defendant: John Githirwa Maina; Defendant: Paddy Kamau Ng'ang'a; Defendant: Deputy Land Registrar, Machakos
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 414 of 2017
- Procedural Posture
- Notice of Motion / Ruling on Application to Review Stay Order
- Outcome
- Application dismissed as spent; each party to bear own costs.
- Judges
- OA Angote
- Legal Topics
- Review of Stay Orders, Pending Related Suits, Matrimonial Property Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Ndunge Maingi
Plaintiff
Maingi Mukeka Tuto
Defendant
George Kariuki
Defendant
John Githirwa Maina
Defendant
Paddy Kamau Ng'ang'a
Defendant
Deputy Land Registrar, Machakos
Defendant
Procedural Posture
Notice of Motion / Ruling on Application to Review Stay Order
Legal Issues
- 1 Whether the stay order pending determination of Machakos HCCC No. 10 of 2017 should be reviewed to allow the present suit to proceed to full trial.
- 2 Whether the application for review has been overtaken by events due to the conclusion of the related suit.
Ratio Decidendi
The court found that since Judgment had already been delivered in Machakos High Court Matrimonial Cause No. 10 of 2017, the basis for the stay order no longer existed. As a result, the application to review the stay order was rendered moot and spent. The court therefore declined to grant the orders sought and directed that each party bear their own costs.
Court Disposition
Application dismissed as spent; each party to bear own costs.
Orders
- The application dated 28th February, 2019 is spent.
- Each party to bear his/her own costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MACHAKOS
ELC. CASE NO. 414 OF 2017
SUSAN NDUNGE MAINGI....................................................PLAINTIFF
VERSUS
MAINGI MUKEKA TUTO...........................................1ST DEFENDANT
GEORGE KARIUKI ..................................................2ND DEFENDANT
JOHN GITHIRWA MAINA..........................................3RD DEFENDANT
PADDY KAMAU NG’ANG’A ......................................4TH DEFENDANT
DEPUTY LAND REGISTRAR, MACHAKOS..........5TH DEFENDANT
RULING
1. In the Notice of Motion dated 28th February, 2019, the 2nd, 3rd and 4th Defendants are seeking for the following orders:
a.That the order made on 29th January, 2019 staying this suit pending the determination of HCCC No. 10 of 2017 be reviewed to the extent that the present suit do proceed to a full trial to enable the court pronounce itself on the rights and interests of the parties before it.
b.That the cost of this Application be provided for.
2. Although the Application was opposed, I have noted that on 26th September, 2019, Odunga J. delivered a Judgment in Machakos High Court Matrimonial Cause No. 10 of 2017 (O.S), thus bringing to end the litigation in the said suit. That being the case, the orders that the Defendants are seeking in their Application have been overtaken by events.
3. For the reason I have given above, I find that the Application dated 26th September, 2019 is spent. Each party to bear his/her own costs.
DATED, DELIVERED AND SIGNED IN MACHAKOS THIS 18TH DAY OF OCTOBER, 2019.
O.A. ANGOTE
JUDGE