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ELCPartially AllowedChuka High Court ELC No. 18 of 2019 (formerly PMCC No. 48 of 2017, Marimanti)· [2020] KEELC 1426 (KLR)

Dalco Trading Centre v Kamaita Imathiu & 3 others [2020] KEELC 1426 (KLR)

High Court of Kenya, Environment and Land Court
12 August 2020
PNP. M. Njoroge
679 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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Kenya's High Court temporarily halted enforcement of lower-court land orders after a transfer, pausing an eviction pending a full hearing.

What this practically means

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Executive summary

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The plaintiff, Patrick Karani, moved the Court by Notice of Motion dated 12th August 2020, brought under sections 1A, 1B, 3A and 63 of the Civil Procedure Act and Order 51 of the Civil Procedure Rules. He sought an ex parte stay or suspension of the implementation of orders issued on 4th April 2019 in PMCC No. 48 of 2017 (Marimanti), now Chuka ELC No. 18 of 2019, and further sought review and setting aside of those orders in their entirety. The applicant's case, supported by his affidavit and urged by Mr. Siagi, was that proceedings in the magistrates' court had been put on hold on 11th October 2018 due to jurisdiction issues; the parties were advised to move the High Court; the plaintiff applied in ELC Misc. Application No. 9 of 2018 to transfer the suit to the ELC at Chuka for want of pecuniary jurisdiction, and all parties participated. He contended that a defendants' application of 11th December 2018 resulted in the 4th April 2019 orders of which he was unaware, and that the defendants, having allegedly concealed those orders for over a year, were embarking on a violent and illegal eviction of the plaintiff from the suit land, thereby stealing a march. Mr. Siagi submitted that, the suit having been transferred to the High Court, the defendants could not rely on the lower court's orders. The court, without setting out detailed reasoning, certified the matter urgent, granted Prayer 2 staying and suspending implementation of the 4th April 2019 orders, and directed the OCS Tunyai Police Station to desist from assisting in their implementation. The substantive prayer for review was deferred to an inter partes hearing fixed for 21st October 2020, with costs in the cause. This is an interim, not final, disposition.

Key legal issues

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01

Whether to stay/suspend implementation of the lower court orders of 4th April 2019 pending inter partes hearing

Holding

Stay granted on interim basis; the OCS Tunyai Police Station restrained from assisting in implementation of the 4th April 2019 orders.

Reasoning

The applicant argued the suit was transferred to the ELC for want of pecuniary jurisdiction, and that the defendants were executing orders issued by a court whose proceedings had been put on hold. Counsel for the applicant submitted that the defendants could not rely on orders of the lower court once the matter was transferred. The court, considering the grounds and supporting affidavit, found the matter urgent and granted the interim stay pending full inter partes hearing.

p. 2
02

Whether the 4th April 2019 orders should be reviewed and set aside in their entirety

Holding

Not determined; deferred to the inter partes hearing.

Reasoning

The application was heard ex parte in the first instance. The court certified the matter urgent, granted the interim stay and directed that the application be heard inter partes on 21st October 2020. The substantive prayer for review and setting aside of the 4th April 2019 orders remains for determination at that hearing.

p. 2

Legal principles established

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  • Where a suit has been transferred from a subordinate court to the High Court (ELC), implementation of orders issued by that subordinate court may be stayed pending inter partes hearing of the challenge.

Court orders

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  1. 1.The matter is certified urgent
  2. 2.Prayer 2 of the application is granted - an order staying/suspending implementation of the 4th April 2019 orders pending inter partes hearing
  3. 3.The O.C.S. Tunyai Police Station is ordered to desist from assisting in the implementation of the order of 4th April 2019
  4. 4.The application to be heard inter partes on 21st October 2020
  5. 5.Costs shall be in the cause

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3A and 63
  • Civil Procedure RulesOrder 51
Jurisdiction invoked
Sections 1A, 1B, 3A and 63 of the Civil Procedure Act and Order 51 of the Civil Procedure Rules

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, "Dalco Trading Centre v Kamaita Imathiu & 3 others [2020] KEELC 1426 (KLR)", Case Analysis (2020). Chuka High Court ELC No. 18 of 2019 (formerly PMCC No. 48 of 2017, Marimanti). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1426/eng@2020-08-12

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