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ELCOtherEnvironment and Land Appeal E121 of 2021· [2023] KEELC 16290 (KLR)
Gituma v Thambo
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·~3 min to read original · ~4 min briefThe bottom line
#The Environment and Land Court in Meru sent this land dispute back to ELC No 2 to finish, because overlapping applications were already partly handled there.
What this practically means
#Executive summary
#This is a procedural directions ruling by C.K Yano J in an Environment and Land Appeal at Meru. The matter first came before the court on September 29, 2022, when the appellant's counsel indicated that two applications by the respondent (dated July 29, 2022 and September 15, 2022) had been responded to by a replying affidavit and preliminary objection, and proposed that they be canvassed by written submissions. The court so directed, with sequential timelines for filing submissions, and fixed mention for November 24, 2022. At the mention only the appellant's counsel attended; neither party had filed submissions. The court declined to grant more time, finding no good reason for non-compliance, and fixed a ruling date of March 15, 2023 on the affidavits on record. In preparing the ruling, the court discovered that Hon. Nzili J had on December 8, 2021 dismissed the appellant's application for stay of execution pending appeal, and had also, on the respondent's unopposed application, allowed the application dated July 29, 2022 in terms of prayers requiring deposit of rent arrears of Kshs 420,000 within 14 days. Noting that part of the prayers in the second application had been issued by ELC No 2, that the two applications sought almost similar orders, and that the other court had dealt with the stay application, Yano J directed that the matter be concluded before ELC No 2 and mentioned there for further directions. No substantive rights were determined and no costs order was made.
Key legal issues
#Legal principles established
#Court orders
#- 1.The matter be concluded before ELC No 2
- 2.The matter be mentioned before ELC No 2 on a date to be given by the court for that court to give further directions in the matter
- Jurisdiction invoked
- Environment and Land Court Act (appeal within the Environment and Land Court at Meru)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gituma v Thambo", Case Analysis (2023). Environment and Land Appeal E121 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/16290/eng@2023-03-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.