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ELCOtherELC Case No. 986 of 1997· [2018] KEELC 403 (KLR)
Fredrick Njoroge & 2 others v Francis Maingi Njoroge & another [2018] KEELC 403 (KLR)
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#What this practically means
#Executive summary
#This short ruling by the Environment and Land Court at Nairobi (L. Komingoi, J) arises from ELC Case No. 986 of 1997 between Fredrick Njoroge, Peter Gacheru and Stephen Nganga Njoroge (plaintiffs/applicants) and Francis Maingi Njoroge and Mary Wairimu Karuigi (defendants/respondents). The plaintiffs had filed a Notice of Motion dated 28th July 2017 seeking to prevent the interment of the remains of one James Karwege (deceased) on Parcel No. Kiambaa/Waguthu/1609 on 1st August 2017 or any other day. The motion was certified urgent and listed for hearing on 27th September 2017 before Lady Justice Gitumbi, but neither party nor counsel appeared; it was later mentioned on 16th July 2018, when the court learned both parties had filed written submissions, and a ruling date was set. Delivering directions on 29th November 2018, Komingoi J held that the application had been overtaken by events, since the burial it sought to stop was due to take place a year earlier. The court declined to write the ruling, observing it would not be in the interest of justice to do so, and instead directed the parties to take steps to set down the main suit for hearing at the earliest opportunity. No costs order was made and no authorities were cited.
Key legal issues
#01
Mootness of the injunction application
Holding
The Notice of Motion dated 28th July 2017 was overtaken by events and the court declined to rule on it
Reasoning
The application sought to prevent the interment of the remains of James Karwege on 1st August 2017 or any other day. By the time the ruling was to be prepared, the alleged event had been due to take place a year earlier. The court reasoned that delivering a ruling would serve no practical purpose and would not be in the interest of justice, directing instead that the main suit be set down for hearing.
p. 1
Legal principles established
#- A court may decline to render a decision on an interlocutory application that has been overtaken by events, and instead direct parties to prosecute the main suit
Court orders
#- 1.The court declined to write the ruling in respect of the Notice of Motion dated 28th July 2017, having found it overtaken by events
- 2.The parties were directed to take steps to ensure the main suit is set down for hearing at the earliest opportunity
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court (ELC Case No. 986 of 1997)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Fredrick Njoroge & 2 others v Francis Maingi Njoroge & another [2018] KEELC 403 (KLR)", Case Analysis (2018). ELC Case No. 986 of 1997. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/403/eng@2018-11-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.