Osoro v Ngibuini (Enviromental and Land Originating Summons E054 of 2025) [2026] KEELC 2754 (KLR) (12 May 2026) (Ruling)
- Court
- Environment and Land Court
- Case number
- 2754
- Citation
- [2026] KEELC 2754 (KLR)
- Decided
- 12 May 2026
- Judge
- CA Ochieng
- Parties
- raw · defendants · plaintiffs
Summary at a glance
TypeEnvironmental and Land Originating SummonsPostureApplication for stay of proceedings and preliminary objectionCoramCA Ochieng
The Court opines that there is no clear demonstration that the supporting affidavit is faulty and should be struck out. The Court denies the Defendant's Preliminary Objection.
Facts
The Plaintiff filed an application seeking a stay of proceedings in MCELC NO. E091 OF 2022, where the Defendant sued him for trespass on Plots Nos. 1 and 4 on LR No. 209/9566 Kayole Saika registered as Grant No. IR 39403. The Defendant filed a Preliminary Objection alleging that the Plaintiff's supporting affidavit was defective.
Issues
- Whether Milimani MCELC No. E091 of 2022 should be stayed pending outcome of this suit.
- Whether the Defendant's Preliminary Objection is merited.
Reasoning
The Court discusses the provisions of the Oaths and Statutory Declarations Act and cites Mwandi v Songe (Environment and Land Miscellaneous Case E005 of 2025) [2025] KEELC 5145 (KLR) (10 July 2025) (Ruling) and Kaiser Investments Limited v Hua Run Company Limited & 3 others (2021) eKLR.
Outcome
The Court denies the Defendant's Preliminary Objection.
Orders
- The Plaintiff's application for stay of proceedings in MCELC NO. E091 of 2022 is denied.
- The Plaintiff is ordered to fully participate in pretrial procedures and file a Defence and Counterclaim.
Authorities cited
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