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ELCDismissedNot stated in judgment· [2025] KEELC 7303 (KLR)
Chitechi v Kivitu t/a Kalehas Enterprises Ltd & 3 others (Environment and Land Case E007 of 2025) [2025] KEELC 7303 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This was a ruling on a notice of motion dated 24th March 2025 filed by the plaintiff in a matter before the Environment and Land Court at Kakamega. The motion, purportedly brought under 'The Civil Procedures Land and Environment Acts of 2015 (sic) and Civil Procedure rules)', sought numerous orders arising from proceedings in CMC Suit No. 324 of 2012 at Kakamega Law Courts, including that the 4th respondent transfer parcel Butsotso/Indangalasia/6094 to the applicant as sole proprietor and expunge the name of Joseph Munanga Khayumbi from the title, and that parcels Butsotso/Esumeyia/1488, 13543, 3794 and 3795, guaranteed by the 1st respondent under Jackyline Muyonga Shiter T/A Kalehas Enterprises, be expunged from threats of the 2nd respondents. The application was opposed. The court (A. Nyukuri, J) found that the motion attempted to inform the court of several matters without seeking any specific prayers, and that its contents were unintelligible and incoherent such that the applicant's message could not be discerned. The application was accordingly dismissed in its entirety with costs to the respondents. No authorities were cited and no substantive rights were determined.
Key legal issues
#01
Whether the notice of motion dated 24th March 2025 was granted
Holding
The application was dismissed because it was unintelligible, incoherent and did not seek specific prayers.
Reasoning
The court examined the motion and found that it attempted to inform the court of several matters without seeking any specific prayers. The message the applicant wished to convey could not be discerned, rendering the application incapable of being understood. On that basis the entire motion was dismissed with costs to the respondents.
p. 2
Legal principles established
#- An application that is unintelligible and incoherent, and which does not seek any specific prayers, is liable to be dismissed
Court orders
#- 1.The application dated 24th March 2025 is dismissed with costs to the respondents
- Jurisdiction invoked
- Purportedly 'The Civil Procedures Land and Environment Acts of 2015 (sic) and Civil Procedure rules)'
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chitechi v Kivitu t/a Kalehas Enterprises Ltd & 3 others (Environment and Land Case E007 of 2025) [2025] KEELC 7303 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7303/eng@2025-10-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.