Abdirahman & another v Mole [2023] KEELC 20309 (KLR)

Abdirahman & another v Mole (Environment & Land Case 1 of 2019) [2023] KEELC 20309 (KLR) (28 September 2023) (Ruling)

Neutral citation: [2023] KEELC 20309 (KLR)

Republic of Kenya

In the Environment and Land Court at Malindi

Environment & Land Case 1 of 2019

EK Makori, J

September 28, 2023

Between

Ali Juma Abdirahman

1st Plaintiff

Rehema Charo Mungumba

2nd Plaintiff

and

Kadii Kaingu Mole

Defendant

Ruling

1. I have an application for review drafted and seeking orders from this court in this manner:a)That the Honourable Court be pleased to review the Ruling dated the 22nd September 2022 by ordering the cancellation of the provisional title issued on 20th July 2018. b)That costs of the application be provided for.

2. The Ruling by this court - Olola J was to this effect:-“As it were Section 6 of the Civil Procedure Act bars this court from proceeding with this trial in which the matter in issue is in a previously instituted suit or proceedings between the same parties or parties under whom they or any of them claim, litigating under the same title.In the circumstances herein I think it is only fair that these proceedings be stayed pending concussion of the suit by the Plaintiff which appears to me to be capable of resolving the dispute herein. I so order”

3. The Judge simply stayed the current suit pending the determination of other matters filed which matters Mr. Mwadilo contended have been resolved. If resolved then the proper manner to proceed - if anything is pending in this suit is to take steps to conclude the current one. There is nothing to review.

4. The application dated 19th October 2022 is hereby dismissed. No order as to costs since it was not defended.

DATED, SIGNED, AND DELIVERED AT MALINDI VIRTUALLY ON THIS 28TH DAY OF SEPTEMBER 2023 IN THE ABSENCE OF PARTIES WHO WERE NOTIFIED.E. K. MAKORIJUDGE