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ELCOtherNot stated in the judgment· [2021] KEELC 451 (KLR)

Leah Ngendo Komu (Suing through the estate of Johnson Kamau Komu (Deceased) v Teresia W Kirima & 2 others (Administrators of the Estate of Gerishon K. Kirima) [2021] KEELC 451 (KLR)

Environment and Land Court
8 December 2021
LMLucy N. Mbugua
246 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court refused to transfer a land dispute to another judge because the party pushing for consolidation had not even prosecuted its own consolidation application.

What this practically means

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Executive summary

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This is a short interlocutory ruling of the Environment and Land Court at Nairobi delivered by Lucy N. Mbugua, Judge, on 8th December 2021 via Microsoft Teams. On 9th November 2021, Mr. Ojienda for the Applicant prayed that the case be mentioned before Justice Okong'o on the ground that several related matters were pending before that Judge, so that this suit would not be dealt with in isolation. Counsel for the Respondents opposed the prayer, arguing that the matters were not related, that the said suits had been ongoing for over five years and were at an advanced stage, and that a Preliminary Objection which the court had capacity to determine had been filed. The court observed that an application dated 18.9.2021 seeking an order of enjoinder of this matter with several other matters was pending but had not been prosecuted, and that the Respondents' Notice of Preliminary Objection seeking striking out of the suit was also pending. Holding that it was the court currently seized of the suit, the court declined to order transfer of the file to Justice Okong'o and instead directed that both the application and the preliminary objection be heard simultaneously before it. No costs order was made. The record does not disclose the case title, case number or the parties' names.

Key legal issues

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Whether the file should be placed before Justice Okong'o

Holding

The court declined the transfer and directed simultaneous hearing of the pending application and preliminary objection before itself.

Reasoning

The court noted a pending application dated 18.9.2021 seeking enjoinder of this matter with several others, which had not been prosecuted. The Respondents had also filed a pending Notice of Preliminary Objection seeking striking out of the suit. Since this court was the one currently seized of the suit, it declined to transfer the file in isolation and instead directed that the application and preliminary objection be heard together before it.

p. 2

Legal principles established

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  • A court seized of a suit retains conduct of it notwithstanding a request to place the file before another judge for consolidation, where the consolidation application remains unprosecuted

Court orders

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  1. 1.Declined to order the transfer of the file to Justice Okong'o
  2. 2.Directed that both the Application dated 18.9.2021 and the Preliminary Objection be heard simultaneously before this court
Jurisdiction invoked
Not expressly stated; the court exercised its case-management directions jurisdiction as the court seized of the suit

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, "Leah Ngendo Komu (Suing through the estate of Johnson Kamau Komu (Deceased) v Teresia W Kirima & 2 others (Administrators of the Estate of Gerishon K. Kirima) [2021] KEELC 451 (KLR)", Case Analysis (2021). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/451/eng@2021-12-08

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