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ELCDismissedNot stated on the face of the judgment (ELC matter, Nairobi)· [2023] KEELC 510 (KLR)

Plaintiff v 1st Defendant

Environment and Land Court
26 January 2023
345 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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What this practically means

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Executive summary

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This was a ruling on the plaintiff's notice of motion dated February 28, 2022 seeking review of the Environment and Land Court's orders of December 8, 2021, by which the 1st defendant had been granted leave to amend its defence. The plaintiff further sought striking out of the 1st defendant's defence and an order that the 1st defendant remit costs of sh 50,000 for alleged committal of perjury. The plaintiff argued that the 1st defendant's application dated January 25, 2019 was filed only two weeks before the ruling on the plaintiff's application dated September 1, 2021. The 1st defendant opposed the application through a replying affidavit dated March 8, 2022, contending that he was unable to file his application earlier because the file already had a hearing date. The court, per Lucy N. Mbugua, J, considered the litigation history and its own prior pronouncements on active case management in rulings of November 3, 2021 and December 8, 2021. It held that the lateness of the 1st defendant's application was not sufficient reason to warrant review, particularly since pre-trial directions had been given and the suit was scheduled for hearing on June 20, 2023. Emphasising that the right to be heard is a valued right, citing JMK v MWM & another (2015 eKLR), the court declined to strike out the defence and directed the parties to focus on trial preparation. The application was dismissed with no orders as to costs.

Key legal issues

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01

Whether the plaintiff's notice of motion dated February 28, 2022 met the threshold for review of the court's orders of December 8, 2021

Holding

The application failed; the delay in filing the 1st defendant's application of January 25, 2019 was not sufficient reason for a review, and active case management principles favoured proceeding to trial.

Reasoning

The court considered the litigation history and its prior pronouncements on active case management in rulings of November 3, 2021 and December 8, 2021. With pre-trial directions given and a hearing date of June 20, 2023 in place, the court held that the timing of the 1st defendant's earlier application was not a sufficient ground for review. The right to be heard is a valued right, so the defence was not struck out and parties were directed to prepare for trial.

p. 1

Legal principles established

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  • The right to be heard is a valued right, and where a suit has a hearing date parties should focus on trial preparation rather than interlocutory applications.
  • The lateness of filing an application alone is not sufficient reason to warrant a review of the court's orders.

Court orders

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  1. 1.The application dated February 28, 2022 is dismissed with no orders as to costs
Jurisdiction invoked
Inherent power of the court to review its own interlocutory orders (review of orders of December 8, 2021); specific provision not stated in the judgment

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, "Plaintiff v 1st Defendant", Case Analysis (2023). Not stated on the face of the judgment (ELC matter, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/510/eng@2023-01-26

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