[2023] KEELC 20669 (KLR)
The court determined that, for the expeditious and just resolution of the dispute, both the appeal and the cross appeal should be heard together. The court exercised its discretion to direct the cross appellant to file the record of appeal within 60 days and ordered the lower court to provide the necessary...
Source-derived case information.
- Citation
- [2023] KEELC 20669 (KLR)
- Parties
- Appellant: Joseph Mwangi Wanjohi; Appellant: Nanacy Nyambura Mwangi; Respondent: City Council of Nairobi; Respondent: Paul John Kimani
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 089 of 2021
- Procedural Posture
- Environment and Land Appeal / Interlocutory Directions on Appeal and Cross Appeal
- Outcome
- Directions issued for joint hearing of appeal and cross appeal; timelines set for filing and provision of proceedings.
- Judges
- JE Omange
- Legal Topics
- Appeals Procedure, Cross Appeal, Court Directions
- 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
Joseph Mwangi Wanjohi
Appellant
Nanacy Nyambura Mwangi
Appellant
City Council of Nairobi
Respondent
Paul John Kimani
Respondent
Procedural Posture
Environment and Land Appeal / Interlocutory Directions on Appeal and Cross Appeal
Legal Issues
- 1 Whether the appeal and cross appeal should be heard together for expeditious determination.
- 2 Whether the cross appellant should be granted time to file the record of appeal.
- 3 Whether the lower court should avail proceedings to the cross appellant/respondent.
Ratio Decidendi
The court determined that, for the expeditious and just resolution of the dispute, both the appeal and the cross appeal should be heard together. The court exercised its discretion to direct the cross appellant to file the record of appeal within 60 days and ordered the lower court to provide the necessary proceedings to the cross appellant/respondent. If any part of the proceedings is missing, the court administrator must report to the court. These directions ensure procedural fairness and efficiency in the appellate process.
Court Disposition
Directions issued for joint hearing of appeal and cross appeal; timelines set for filing and provision of proceedings.
Orders
- The cross appellant is to file the record of appeal within 60 days.
- The lower court is to avail the proceedings in Milimani CMCC 9266 to the cross appellant/respondent.
Full Case Text
Judgment text and source record
21 paragraphs
Wanjohi & another v City Council of Nairobi & another (Environment and Land Appeal 089 of 2021) [2023] KEELC 20669 (KLR) (5 October 2023) (Judgment)
Neutral citation: [2023] KEELC 20669 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment and Land Appeal 089 of 2021
JE Omange, J
October 5, 2023
Between
Joseph Mwangi Wanjohi
1st Appellant
Nanacy Nyambura Mwangi
2nd Appellant
and
City Council of Nairobi
1st Respondent
Paul John Kimani
2nd Respondent
(Being an appeal from the Judgment and decree of the Chief Magistrate’s Court at Nairobi Hon. L. L. Gicheha (Mrs.) on 30th July 2021 in Milimani Commercial Court Civil Case No MCCC 9266 of 2001)
Judgment
1. The court had retired to write the Judgement in this case when I noticed that in the submissions of the Respondent he had referred to a Cross Appeal he had filed in a different file. Directions had not been given in respect of this appeal. It is my view that in the interest of expeditious determination of the matter, the appeal and the cross appeal should be heard together. Consequently, the court makes the following orders;1. The Cross Appellant is to file the Record of Appeal within 60 days.2. The lower court is to avail the proceedings in Milimani CMCC 9266 to the Cross Appellant/ Respondent. In the event any part of the proceedings is missing as stated by the Cross Appellant, the Court Administrator is to write a report to this court on the same.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS THIS 5TH DAY OF OCTOBER 2023. JUDY OMANGEJUDGEIn the presence of: -Mr. Nchoe for the AppellantRespondent in personSteve - Court Assistant