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ELCDismissedEnvironment & Land Case 002 of 2022· [2024] KEELC 6437 (KLR)

Ali v Dika & 2 others (Environment & Land Case 002 of 2022) [2024] KEELC 6437 (KLR)

Environment and Land Court
30 September 2024
PNP.M. Njoroge
816 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court dismissed a late review application as a delaying tactic, warning parties against repeat applications to stall hearings.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Isiolo (P.M. Njoroge, J) determined an application dated 22/5/2024 filed by Adam Gitonganyaga, the legal representative of the estate of the deceased 3rd defendant. The applicant sought certification as urgent, review and setting aside of the court's orders of 4th December 2023 on grounds of an error apparent on the face of the record and sufficient reason, together with further orders and costs in the cause. He relied on a supporting affidavit showing that he had obtained letters of administration in July 2019, had been granted unlimited leave in October 2019 to file further statements and documents, and had testified on 24th April 2023, with the respondent objecting to production of most of his documents. When the application came up, advocates for the plaintiff and the 2nd defendant objected that two similar applications had already been dismissed and that filing the application days before the scheduled hearing of the 3rd defendant's evidence was a delaying tactic. The court vacated its directions orders and heard the application orally. Finding that the application was intended to delay the full hearing and that the applicant had not demonstrated any basis to set aside the earlier rulings, the court dismissed the application, directed that the 3rd defendant's evidence proceed on 30/9/2024, and awarded costs to the plaintiff and the 2nd defendant.

Key legal issues

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01

Whether sufficient grounds existed for review of the court's earlier orders

Holding

The application for review was dismissed because the applicant failed to show an error on the face of the record or sufficient reason, and because similar applications had twice been dismissed.

Reasoning

The court considered the pleadings and oral submissions and made factual findings that two similar applications had already been dismissed and that the timing of the application, days before the hearing of the 3rd defendant's evidence, betrayed an intention to delay the suit. On that basis the applicant had not satisfied the court that the earlier rulings should be disturbed.

p. 2

Legal principles established

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  • Repeated similar applications filed close to a scheduled hearing may be treated as delaying tactics and dismissed

Court orders

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  1. 1.The application dated 22/5/2024 is hereby dismissed
  2. 2.Hearing of the 3rd Defendants' evidence to proceed on 30/9/2024
  3. 3.Costs shall follow the event and are awarded to the plaintif and to the 2nd Defendant
Jurisdiction invoked
Inherent and review jurisdiction of the court over its own orders (orders of 4th December 2023 and 1st July 2024 sought to be reviewed/set aside); no specific provision cited

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, "Ali v Dika & 2 others (Environment & Land Case 002 of 2022) [2024] KEELC 6437 (KLR)", Case Analysis (2024). Environment & Land Case 002 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6437/eng@2024-09-30

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