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ELCOtherEnvironment and Land Appeal E038 of 2023· [2024] KEELC 1780 (KLR)

Macharia v Pemi Pharmacy Limited & 2 others (Environment and Land Appeal E038 of 2023) (11 April 2024) (Directions) [2024] KEELC 1780 (KLR)

Environment and Land Court
11 April 2024
JKJ G Kemei
284 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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The Thika Environment and Land Court postponed an appeal ruling after discovering the wrong trial court file was on record, directing the registry to retrieve the correct one.

What this practically means

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Executive summary

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This is a short procedural directions ruling of the Environment and Land Court at Thika in an interlocutory appeal (Environment and Land Appeal E038 of 2023) brought by Hellen Wanjiku Macharia against Pemi Pharmacy Limited, the Land Registrar, Kiambu, and Peter Mukangu Mwangi. The appeal targets the ruling of Hon. M. A. Opondo, PM, delivered on 19 April 2023 in Kiambu MCELCC/E012 of 2021. When the court retired to write its ruling on the appeal, it discovered that the trial court file annexed to the record belonged to a different matter entirely - Eunice Ng'endo v Grace Muthoni & Another - even though the two files share the registration number Kiambu CM ELC Case No. 12 of 2021. The court made no findings on the merits of the appeal and issued purely administrative directions: the Deputy Registrar is to call for the correct trial court file; the matter to be mentioned on 7 May 2024 before the Deputy Registrar to confirm compliance; and the previously fixed ruling date was vacated. Counsel appearing were Kinyua for the appellant and Kirwa for the 1st and 3rd respondents; the 2nd respondent was absent. No costs order was made and no substantive relief was determined.

Key legal issues

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01

Wrong trial court file on record

Holding

The trial court file annexed to the appeal relates to a different matter with a similar registration number; the correct file must be called for before the interlocutory appeal can be determined.

Reasoning

On retiring to write the ruling in the interlocutory appeal, the court discovered that the annexed lower-court file concerned Eunice Ng'endo v Grace Muthoni & Another, not the present parties. Although both files share the registration number Kiambu CM ELC Case No. 12 of 2021, the appeal concerns the ruling of 19/4/2023 in Kiambu MCELCC/E012 of 2021 between Hellen Wanjiku Macharia and Pemi Pharmacy Ltd. The court acted administratively to secure the correct file.

p. 1

Legal principles established

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    Court orders

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    1. 1.The Hon. Deputy Registrar to call for the correct trial Court file in light of the findings that the file annexed relates to a different file (Eunice Ng'endo v Grace Muthoni & Another).
    2. 2.Further mention on 7/5/2024 before the Hon. Deputy Registrar to confirm compliance.
    3. 3.Ruling date vacated.
    On appeal from
    Chief Magistrate's Court at Kiambu
    MCELCC/E012 of 2021
    Jurisdiction invoked
    Appellate jurisdiction of the Environment and Land Court over appeals from subordinate courts (Environment and Land Court Act)

    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, "Macharia v Pemi Pharmacy Limited & 2 others (Environment and Land Appeal E038 of 2023)  (11 April 2024) (Directions) [2024] KEELC 1780 (KLR)", Case Analysis (2024). Environment and Land Appeal E038 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1780/eng@2024-04-11

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