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ELCOtherEnvironment & Land Case 002 of 2022· [2022] KEELC 2201 (KLR)
Ali v Dika & 2 others (Environment & Land Case 002 of 2022) [2022] KEELC 2201 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#The Environment and Land Court in Isiolo has not yet decided a request to reverse the transfer of a long-running land case from Meru; submissions were ordered.
What this practically means
#Executive summary
#This document is a brief ruling/directions given by P.M. Njoroge J in the Environment and Land Court at Isiolo on 6th June 2022 in a land suit instituted in 2013. Before the court was the plaintiff Fatuma Muhammed Ali's Notice of Motion dated 14th March 2022 seeking, first, certification as urgent, secondly, an arrest and/or stay of proceedings pending its hearing, and thirdly, review and/or variation and setting aside of the court's orders of 3rd March 2022 transferring the case to Isiolo to be heard before Justice Njoroge, with a plea that it instead be heard in Meru before Justice Mbugua, who had taken the evidence of all witnesses, with only one witness remaining. The application was grounded on the expeditious-disposal principles in Article 159 of the Constitution and the overriding objective under section 1A of the Civil Procedure Act, the applicant's stated apprehension about her security given tribal and political tensions, the emotive nature of land disputes, the defendants' alleged previous disregard of court orders, and the delay and expense a transfer would occasion. The extract contains no analysis, reasoning or determination of the application. The court simply directed the applicant to file and serve written submissions within 14 days, the respondent to respond within 14 days thereafter, and fixed 27th June 2022 for directions. Ms Nyasani appeared for the applicant and Mr Tyson Mwendwa for the respondents. No costs order was made and no authority was cited.
Key legal issues
#Legal principles established
#Court orders
#- 1.Applicant to file and serve written submissions within 14 days of 6th June 2022
- 2.Respondent to file written submissions within 14 days after receipt of the applicant's written submissions
- 3.Parties to come to court for directions on 27/6/2022
- Jurisdiction invoked
- Not stated in the extract; the application invokes Article 159 of the Constitution and section 1A of the Civil Procedure Act as guiding principles
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ali v Dika & 2 others (Environment & Land Case 002 of 2022) [2022] KEELC 2201 (KLR)", Case Analysis (2022). Environment & Land Case 002 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2201/eng@2022-06-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.