Rico Kinyariro Kariuki v Renate Wolff (also known as Renate Hartman Werner) [2021] KEELC 1557 (KLR) | Review Of Judgment | Esheria

Rico Kinyariro Kariuki v Renate Wolff (also known as Renate Hartman Werner) [2021] KEELC 1557 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

ELC CASE NO. 330 OF 2017

RICO KINYARIRO KARIUKI.....PLAINTIFF

VS

RENATE WOLFF........................DEFENDANT

(also known as Renate Hartman Werner)

RULING/DIRECTIONS

1. Judgment herein was delivered by Judge Eboso on 1. 10. 2018.  The Applicant/Defendant filed an application dated 25. 3.2021 seeking orders inter-alia, a review of the said judgment.  When the application came up for hearing before me on 13. 10. 2021,  Counsel for the Plaintiff stated that Judge Eboso is the one who delivered the Judgment and ought to handle the matter.  That they therefore had an issue if I was  to handle the case.  The Applicants however have no objection if I proceed to handle the matter.

2. I find that Judge Eboso was transferred from this court to Thika ELC as from mid-September 2021.  In turn, I was transferred to this court whereby I took over all matters assigned to Judge Eboso.  It follows that this court presided over by myself is the one now fully seized of the matter at hand and the court will therefore proceed to hear the pending issues including the application.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 14TH  DAY OF OCTOBER, 2021THROUGH MICROSOFT TEAMS.

LUCY N. MBUGUA

JUDGE

In the presence of:-

Thairu for the Applicant/Defendant

Gwade h/b for Mrs. Oyaro for the  Plaintiff/Respondent

Court Assistant:  Edel Barasa