Beba Freight Company Limited v Manji & 3 others (Environment & Land Case E264 of 2024) [2024] KEELC 13366 (KLR) (22 November 2024) (Directions) Neutral citation: [2024] KEELC 13366 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT & LAND CASE E264 OF 2024 LN MBUGUA, J NOVEMBER 22, 2024 BETWEEN BEBA FREIGHT COMPANY LIMITED .................................................. PLAINTIFF AND BHARAT RAMJI MANJI ................................................................ 1ST DEFENDANT YOUNG MOON CHOI ................................................................... 2ND DEFENDANT LANDMARK FREIGHT SERVICES LIMITED ........................... 3RD DEFENDANT LAND REGISTRAR OF TITLE, NAIROBI ................................. 4TH DEFENDANT DIRECTIONS 1. The prosecution of the application dated 2.7.2024 is underway of which this court has delivered an interim, ruling today (22.11.2024). 2. The applicants advocates have sought for a certied copy of the ruling for purposes of appeal, of which the order had already been made when the ruling was delivered. 3. The applicants also seek orders to have the le presented before the Presiding Judge for purposes of raising issues on how this court has conducted the matter. The applicant also prays for a stay of the ruling pending the presentation of the le before the Presiding Judge. 4. I have considered the averments presented to this court, I note that the applicants have not sought for my recusal in these proceedings, nor have they made an application for re-allocation of the le. That being the case, there is no basis upon which the le can be placed before the Presiding Judge. After all, the orders made herein are Judicial in nature and not administrative orders. Such judicial orders can only be reviewed or challenged via the known legal frameworks of Review or Appeal. https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/13366/eng@2024-11-22 1
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5. In the circumstances, the court declines to present the le before the Principal Judge of the Environment and Land Court (Note that the Presiding Judge of the Land Division in this stationMilimani is Judge Mbugua). 6. However, this being a court of law as well as a court of record, and noting that proceedings herein have been conducted virtually, and the applicants have cast aspersions on how the said proceedings have been conducted, I direct that a transcript of the Microsoft Teams proceedings be retrieved by the Deputy Registrar of this court to be availed in the court le and to all the advocates for the parties. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 22ND DAY OF NOVEMBER 2024 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of: Nyangoro, Oketch, Aencha and Okango Mogeni SC for Plainti Applicants Mrs. Amandi holding brief for Eunice Lumalos for 1st and 2nd Defendants Allan Kamau for 4th Defendant Court Assistant: Vena https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/13366/eng@2024-11-22 2
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