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ELCDismissedPetition (undated on the face of the judgment; application dated 23rd February, 2018)· [2018] KEELC 4411 (KLR)

Kaimba Mangaara v Tharaka Nithi County Government [2018] KEELC 4411 (KLR)

Environment and Land Court
26 February 2018
PNP. M. Njoroge
513 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court refused an early valuation order in a land compensation dispute, ruling it was premature and the petitioner had ignored prior court orders.

What this practically means

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Executive summary

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By a notice of motion dated 23rd February, 2018, Kaimba Mangaara, the applicant in a petition against the County Government of Tharaka Nithi (formerly the defunct Tharaka County Council), sought an order compelling the Government Valuer, Meru County, to visit plot No. 77 Marimanti Market to quantify its market value and assess mesne profits accrued from 1996 to date, together with costs of the cause. The applicant deponed that he was allocated the plot by the defunct council but had never enjoyed fruitful use of it; that he had previously sued the council in MERU CMCC 262 of 2005 and obtained a decree in his favour; that the council frustrated his development plans, including a proposed petrol station, declined to approve his building plans and demolished his fence; and that the council had abandoned compensation discussions after he presented his proposal. He argued that quantification of the property's value was necessary to enable the court reach a just determination. The court dismissed the application on two grounds: first, that the valuation exercise would go into the substratum of the petition before it had been heard; and secondly, that the petitioner had ignored the court's orders issued on 13th December, 2017. The judgment was delivered in open court at Chuka on 26th February, 2018, with Miss Njenga appearing for the petitioner. No costs order is recorded in the judgment.

Key legal issues

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01

Whether a valuation application should be granted before the hearing of the main petition

Holding

The application was refused as premature because it would delve into the substratum of the petition before hearing

Reasoning

The court found that ordering the Government Valuer to quantify the market value and mesne profits would effectively determine the substantive issues in the petition before the parties had adduced evidence. The court also took into account the petitioner's non-compliance with orders issued on 13th December, 2017, which weighed against exercising discretion in his favour. On both grounds the application was found to lack merit at that stage and was dismissed.

p. 2

Legal principles established

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  • An application for valuation that goes to the substratum of a petition cannot be allowed before the petition has been heard
  • A party who ignores the court's orders cannot obtain discretionary relief

Court orders

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  1. 1.The application dated 23rd February, 2018 is dismissed for lack of merit at this stage
Jurisdiction invoked
Not stated in the judgment; the application arises within a petition before the Environment and Land Court

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kaimba Mangaara v Tharaka Nithi County Government [2018] KEELC 4411 (KLR)", Case Analysis (2018). Petition (undated on the face of the judgment; application dated 23rd February, 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4411/eng@2018-02-26

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.