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ELCDismissedNot stated in the excerpt

Registered Trustee of Archdiocese of Kisumu v Awad Auto Limited; Ecobank Kenya Limited (Proposed Interested Party) (Environment and Land Case E146 of 2023) [2025] KEELC 5973 (KLR)

Environment and Land Court
2 September 2025
CMC. G. Mbogo
2,286 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court dismissed all three of a defendant's applications because ignoring a compliance deadline cost it the right to be heard at all.

What this practically means

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Executive summary

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The court, per Mbogo J, determined three applications filed by the defendant/applicant arising from a ruling delivered on 16th July 2024, which ordered the defendants to supply particulars within 14 days, failing which the defence would stand struck out. The first application, under Order 42 Rule 6, sought stay of those orders pending an intended appeal. The second, under Orders 11 and 45, sought review and setting aside of the striking-out order and discovery of bank statements held at Equity Bank, ABC Bank and Eco Bank. The third sought joinder of Ecobank Kenya Limited as an interested party on the basis of an assignment dated 19th October 2018 under which the defendant claims to have paid Kshs. 100,000,000. The plaintiff opposed all three, arguing that the compliance period had lapsed, that review grounds belong on appeal (relying on National Bank of Kenya Ltd v Ndungu Njau), and that the joinder was res judicata and barred by estoppel following earlier litigation in ELC 204/2017 before Ochieng J. The court declined to reach the merits, holding that the 14-day period lapsed on 30th July 2024, the defence stood struck out, and the defendant had forfeited its standing or audience before the court. All three applications were dismissed with costs to the plaintiff/respondent. The court did not disturb any prior decision, the ruling of 16th July 2024 remaining operative.

Key legal issues

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01

Stay of execution pending appeal

Holding

Dismissed as moot because the underlying orders were time-bound and had lapsed

Reasoning

The ruling of 16th July 2024 gave 14 days for compliance, which lapsed on 30th July 2024. The court held there was nothing to stay and that determining issues overtaken by events would waste judicial time. The defence had also been struck out, removing the defendant's standing.

p. 5
02

Review and discovery

Holding

Dismissed; the court declined to entertain the merits

Reasoning

The application sought review of the striking-out order and discovery of bank statements. The court reasoned that the defence had been struck out for non-compliance, so the defendant had forfeited audience and the court could not delve into the merits of the applications.

p. 5
03

Joinder of Ecobank Kenya Limited as interested party

Holding

Dismissed for lack of standing by the defendant

Reasoning

The joinder application was premised on an assignment dated 19th October 2018 under which the defendant paid Kshs. 100,000,000 to Ecobank. The court held the striking out of the defence deprived the defendant of locus standi to argue the application, and did not reach the res judicata and estoppel objections raised by the plaintiff.

p. 5

Legal principles established

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  • Where conditional orders requiring compliance have not been complied with and the defence stands struck out, the applicant forfeits standing to prosecute further interlocutory applications

Court orders

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  1. 1.The notice of motion dated 29th July 2024 is dismissed
  2. 2.The notice of motion dated 30th July 2024 is dismissed
  3. 3.The notice of motion dated 21st February 2025 is dismissed
  4. 4.Costs of the applications awarded to the plaintiff/respondent
Jurisdiction invoked
Civil Procedure Act (Sections 1A, 1B, 3A) and Civil Procedure Rules (Orders 42 Rule 6, 11 Rule 2(d), 45 Rule 1, 51 Rule 1 & 3, 1 Rule 10(2))

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Registered Trustee of Archdiocese of Kisumu v Awad Auto Limited; Ecobank Kenya Limited (Proposed Interested Party) (Environment and Land Case E146 of 2023) [2025] KEELC 5973 (KLR)", Case Analysis (2025). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5973/eng@2025-09-02

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