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ELCOtherNot stated in judgment (application dated 15th December, 2021)· [2021] KEELC 238 (KLR)

Jaganath Grower Limited v Benson Nthiga Njiru [2021] KEELC 238 (KLR)

Environment and Land Court
23 December 2021
PNP. M. Njoroge
143 words in judgment
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The bottom line

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Kenya's Environment and Land Court at Isiolo granted temporary land relief but ordered the parties back to court on 19 January 2022, meaning nothing was decided finally.

What this practically means

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Executive summary

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This is a brief ex parte ruling by the Environment and Land Court at Isiolo on an application dated 15th December, 2021. The application disclosed that an earlier application dated 3rd December, 2021 had been listed for hearing on 19th January (the judgment states 2021, evidently meaning 2022). The court, per P. M. Njoroge, ELC Judge, took the view that the new application should be heard together with the earlier application pending before the ELC Judge at Embu. The court certified the application urgent, directed that it be properly served upon the respondent, and granted Prayer 2 of the application on a temporary basis until 19th January, 2022. The parties were directed to appear before the Hon. ELC Judge at Embu on 19th January, 2022 for further directions. Costs were ordered to be in the cause. The judgment is procedural and interlocutory in nature: it determines no substantive claim, cites no statutes or case authorities, and establishes no proposition of law. Its significance lies in the interim relief granted and the direction that both applications be handled together at Embu. Notably, the judgment does not identify the case number, the parties by name, or the nature of the underlying dispute, which limits its citable value.

Key legal issues

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01

Interim relief pending inter-partes hearing

Holding

The court granted interim relief (Prayer 2) temporarily, until 19th January, 2022, and directed the application be heard together with the earlier application before the ELC Judge at Embu.

Reasoning

The ex parte judge noted an earlier related application dated 3rd December, 2021 was listed for hearing on 19th January 2022. Concluding the new application should be heard together with that application, the court certified the matter urgent, ordered service on the respondent, and granted temporary interim relief returnable before the Embu ELC Judge for further directions.

p. 2

Legal principles established

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    Court orders

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    1. 1.The application is certified urgent
    2. 2.The application should be properly served upon the respondent
    3. 3.Prayer 2 in the application is granted until the 19th of January, 2022
    4. 4.The parties will appear before the Hon. ELC Judge at Embu on 19th January, 2022 for further directions
    5. 5.Costs shall be in the cause
    Jurisdiction invoked
    Not stated; Environment and Land Court jurisdiction implied

    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, "Jaganath Grower Limited v Benson Nthiga Njiru [2021] KEELC 238 (KLR)", Case Analysis (2021). Not stated in judgment (application dated 15th December, 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/238/eng@2021-12-23

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