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ELCPartially AllowedChuka LDT 15 of 2009 (appeal therefrom; notice of motion dated 12th April 2021)· [2021] KEELC 3360 (KLR)
Jacob Njeru Karuku v Njagi Njuguna [2021] KEELC 3360 (KLR)
Environment and Land Court (not stated expressly in the judgment text; delivered at Chuka)
11 May 2021
1,506 words in judgment
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·~6 min to read original · ~4 min briefThe bottom line
#The court let a new lawyer take over the eviction appeal but made the appellant wait for a full hearing before deciding whether eviction should be paused.
What this practically means
#Executive summary
#This is an interlocutory ruling on a notice of motion dated 12th April 2021 filed by Jacob Njeru Karuku, the intended appellant, following a ruling delivered by Hon. N Kahara (SRM) on 8th April 2021 in Chuka LDT 15 of 2009, which directed his eviction from suit land. The application sought urgency certification, leave for the firm of Matunda & Co. Advocates to come on record, and stay of execution of the magistrates' ruling both pending the inter partes hearing of the application and pending the intended appeal, plus costs. The grounds were that the appeal was arguable with good prospects of success, that the appellant would suffer substantial loss through eviction rendering the appeal nugatory, that the ruling contravened Order 21 rule 4 of the Civil Procedure Rules, 2010 by lacking points for determination and reasons, and that the magistrate failed to consider the appellant's submissions and the principles governing adoption of land dispute tribunal awards. The application was supported by the appellant's affidavit sworn on 12th April 2021. On 11th May 2021 the court, exercising its discretion in the interest of justice, granted only prayer 2 - leave for Matunda & Co. Advocates to come on record. The stay prayers were not determined and were directed to be canvassed inter partes. The intended appellant was given 30 days to file and serve a record of appeal, with directions set for 14th June 2021. No costs order was made at this stage.
Key legal issues
#01
Leave for incoming advocates to come on record
Holding
Granted ex parte in the interest of justice
Reasoning
The applicant's advocate asked to be allowed on record so as to canvass other matters in the intended appeal. The court, in the interest of justice, granted prayer 2, while deferring all other prayers (including the stay applications) to an inter partes hearing. The court thus separated the representation issue from the substantive stay question, which requires the respondent to be heard.
p. 3
Legal principles established
#- An advocate may be granted leave to come on record for an intended appellant in the interest of justice before the other interlocutory prayers are canvassed
Court orders
#- 1.Prayer 2 of the application granted - the firm of Matunda & Co. Advocates granted leave to come on record for the appellant
- 2.The other prayers in the application to be canvassed inter partes
- 3.The intended appellant granted 30 days to file and serve a record of appeal
- 4.Parties to come back to court for directions on 14th June 2021
- On appeal from
- Senior Resident Magistrate's Court (Hon. N Kahara, SRM), Chuka
- Chuka LDT 15 of 2009
- Jurisdiction invoked
- Appellate/interlocutory jurisdiction over an intended appeal from a magistrate's court ruling in a land dispute tribunal matter (Chuka LDT 15 of 2009); no specific provision cited in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jacob Njeru Karuku v Njagi Njuguna [2021] KEELC 3360 (KLR)", Case Analysis (2021). Chuka LDT 15 of 2009 (appeal therefrom; notice of motion dated 12th April 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3360/eng@2021-05-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.