Beba Freight Company Limited v Manji & 3 others [2024] KEELC 13366 (KLR)

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 certified 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 file 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 file 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 file. That being the case, there is no basis upon which the file 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.

5. In the circumstances, the court declines to present the file before the Principal Judge of the Environment and Land Court (Note that the Presiding Judge of the Land Division in this station-Milimani 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 file 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. MBUGUAJUDGEIn the presence of:Nyangoro, Oketch, Aencha and Okango Mogeni SC for Plaintiff ApplicantsMrs. Amandi holding brief for Eunice Lumalos for 1st and 2nd DefendantsAllan Kamau for 4th DefendantCourt Assistant: Vena