Ruto (Suing as the Legal Personal Representative of the Estate of Kibiwott Arap Mwolomet - Deceased) v Maina & another (Environment and Land Case 19 of 2018) [2025] KEELC 7168 (KLR) (22 October 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 7168
- Citation
- [2025] KEELC 7168 (KLR)
- Decided
- 22 October 2025
Summary at a glance
TypeEnvironment and Land CasePostureApplication for attachment and prohibitionCoramCK NZILI
The court declines the application and orders no order as to costs.
Facts
The plaintiff, Japheth Kibiwott Ruto, is the legal personal representative of the estate of Kibiwott Arap Mwolemet. The plaintiff sued the defendants, Virginia Njeri Maina and Vincent Rongei Kotokoto, for costs assessed at Kshs. 736,120/=. The defendants appealed against the dismissal of their case. The plaintiff applied for the attachment of the respondent's land for sale to recover the costs.
Issues
- Whether the court has jurisdiction to hear the application for attachment and prohibition.
- Whether the plaintiff is entitled to execute for the costs imposed against the respondent.
Reasoning
The court finds that the applicant has jumped the gun and that the court has no original jurisdiction to hear and determine matters falling under Orders 22 and 49 of the Civil Procedure Rules. The application is declined.
Outcome
The application is declined.
Authorities cited
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