Jeremy Mati & another v Registered Trustees Catholic Diocese of Meru & 3 others [2018] KEELC 3060 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 120 OF 2017
FORMERLY MERU ELC CASE NO. 152 OF 2010
JEREMY MATI & ANO........................................................PLAINTIFFS
VERSUS
THE REGISTERED TRUSTEES CATHOLIC
DIOCESE OF MERU & 3 OTHERS................................DEFENDANTS
RULING
1. This application is dated 7th June, 2018 and seeks orders:
a) This honourable court be pleased to certify this application as urgent and order that this application be heard expeditiously.
b) That this honourable court be pleased to review its order made on 24th April, 2018 and set the orders aside.
c) That this honourable court be pleased to reinstate the plaintiff’s suit for hearing on merit.
d) That costs of this application be in the cause.
2. The application has the following grounds:
a) The application for amendment dated 19th April, is what the court was to determine and not the main suit.
b) The parties did not submit on the main suit.
c) The court errered by dismissing the main suit.
d) The suit is a representative suit with over 168 plaintiffs alive and kicking.
e) There is sufficient cause to warrant review.
f) Plaintiff/applicants right to a fair hearing has been infringed.
3. On 12th June, 2018, the applicant and/or his advocate were not in court to prosecute the application on ex-parte basis.
4. In the circumstances, this application is dismissed.
5. No costs are awarded.
6. It is so ordered.
Delivered in open Court at Chuka this 12th day of June, 2018 in the presence of:
CA: Ndegwa
Applicant and his advocate absent
P. M. NJOROGE,
JUDGE.