Kisekem Limited v. Michael Kipkering Cherwon & Others Case Summary

Court
Environment and Land Court at Eldoret
Category
Civil
Judge(s)
S. M. Kibunja
Judgment Date
October 14, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Kisekem Limited v. Michael Kipkering Cherwon case summary, highlighting key legal principles and implications. Stay informed on important judicial outcomes and their relevance.

Case Brief: Kisekem Limited v. Michael Kipkering Cherwon & Others

1. Case Information:
- Name of the Case: Kisekem Limited v. Michael Kipkering Cherwon & Others
- Case Number: E & L Case No. 275 of 2012
- Court: Environment and Land Court of Kenya at Eldoret
- Date Delivered: 14th October 2020
- Category of Law: Civil
- Judge(s): S. M. Kibunja
- Country: Kenya

2. Questions Presented:
The central legal issues before the court included:
- Whether the 1st Defendant satisfied the requirements for the review of the conditions imposed in the stay order dated 20th November 2019.
- Who should bear the costs of the application.

3. Facts of the Case:
The plaintiff, Kisekem Limited, initiated legal proceedings against the 1st Defendant, Michael Kipkering Cherwon, along with other defendants including the Commissioner of Lands, the Chief Land Registrar, and the Attorney General. The 1st Defendant filed a motion on 26th February 2020, seeking to review or set aside a prior order that required him to deposit all rent collected from the suit properties into a joint interest-earning account. The 1st Defendant contended that there were no structures on the land capable of generating rental income, a claim supported by a valuation report. Conversely, the Plaintiff argued that the application was an abuse of the court process, citing evidence of tenants and activities on the property.

4. Procedural History:
The case progressed through several motions, culminating in the 1st Defendant's application for review of the stay order. The application was opposed by the Plaintiff, leading to the filing of affidavits and written submissions by both parties. The court directed that these submissions be considered in its ruling.

5. Analysis:
- Rules: The court considered the requirements set out under Order 45 Rules 1 and 2 of the Civil Procedure Rules, which govern the conditions under which a party may seek a review of a court order.
- Case Law: The court referenced previous rulings that establish the standards for granting a review, emphasizing the necessity for a party to demonstrate a sufficient reason for seeking such relief and to provide evidence that warrants a change in the original order.
- Application: The court found that the 1st Defendant had not provided sufficient justification for the review. The court noted that the 1st Defendant's claims regarding the lack of rental income were contradicted by the Plaintiff's evidence, including photographs showing active occupancy of the property. The court concluded that the 1st Defendant failed to meet the conditions necessary for a review of the stay order, leading to the dismissal of the motion.

6. Conclusion:
The court ruled against the 1st Defendant's motion for review, concluding that he did not satisfy the requisite legal standards. The court also determined that the 1st Defendant would bear the costs of the application, affirming the Plaintiff's position.

7. Dissent:
There were no dissenting opinions noted in this ruling.

8. Summary:
The Environment and Land Court of Kenya dismissed the 1st Defendant's motion for review of a stay order requiring him to deposit rental income from the suit properties. The ruling underscored the importance of providing sufficient evidence to support claims made in court and highlighted the court's role in evaluating the credibility of such evidence. This case serves as a significant precedent regarding the enforcement of court orders and the standards for seeking reviews in civil proceedings.

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