[2022] KEELC 1467 (KLR)
The court determined that the parties' failure to comply with pre-trial procedures, including canvassing the pending Notice of Motion and compliance with Order 11 of the Civil Procedure Rules, does not justify further delay in the hearing and determination of the suit. The court emphasized that parties cannot rely...
Source-derived case information.
- Citation
- [2022] KEELC 1467 (KLR)
- Parties
- Plaintiff: Adan Chuda Sode; Defendant: Koise Ibrahim Koise; Defendant: Madina Oshe Jira; Defendant: Sode Muda Keko; Defendant: Adan Mohamed Chuda; Defendant: County Gov’t of Marsabit
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E008 of 2021
- Procedural Posture
- Land Case / Pre Trial Directions and Compliance Orders
- Outcome
- Pre-trial compliance orders issued; suit fixed for hearing.
- Judges
- FM Njoroge
- Legal Topics
- Case Management, Order 11 Civil Procedure Rules, Transfer of Suit, Pre Trial Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Adan Chuda Sode
Plaintiff
Koise Ibrahim Koise
Defendant
Madina Oshe Jira
Defendant
Sode Muda Keko
Defendant
Adan Mohamed Chuda
Defendant
County Gov’t of Marsabit
Defendant
Procedural Posture
Land Case / Pre Trial Directions and Compliance Orders
Legal Issues
- 1 Whether the parties' failure to comply with pre-trial procedures justifies delay in hearing the suit.
- 2 Whether the court should issue directions to expedite compliance and set a hearing date.
Ratio Decidendi
The court determined that the parties' failure to comply with pre-trial procedures, including canvassing the pending Notice of Motion and compliance with Order 11 of the Civil Procedure Rules, does not justify further delay in the hearing and determination of the suit. The court emphasized that parties cannot rely on their own non-compliance to stall proceedings. To address the delay tactics and ensure expeditious disposal of the matter, the court issued fresh directions: notices to be served on all parties regarding the orders, mandatory compliance with Order 11 within 30 days, and a fixed hearing date. The court's reasoning is grounded in the overriding objective of the Civil Procedure...
Court Disposition
Pre-trial compliance orders issued; suit fixed for hearing.
Orders
- Notices to be issued upon the parties concerning the orders issued by the court today.
- Parties are to concurrently comply with Order 11, Civil Procedure Rules within 30 days of today.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE LAND AND ENVIRONMENT COURT
AT ISIOLO
ELC CASE NO. 008 OF 2021
ADAN CHUDA SODE..........................................PLAINTIFF
-VERSUS-
KOISE IBRAHIM KOISE...........................1ST DEFENDANT
MADINA OSHE JIRA.................................2ND DEFENDANT
SODE MUDA KEKO....................................3RD DEFENDANT
ADAN MOHAMED CHUDA.......................4TH DEFENDANT
COUNTY GOV’T OF MARSABIT.............5TH DEFENDANT
RULING
1. This is an interesting case. A plaint was filed on 27th of August, 2020, 2 years ago at Meru.
2. The file was transferred from Meru to Isiolo towards the end of 2021. Earlier on the file had been transferred from Embu ELC Court to Meru ELC Court in October, 2020.
3. After the file came to Isiolo, Notices were on 12/10/2021 properly issued for the parties to come to court for directions on 27/10/2021.
4. The parties did not come to court. Fresh Notices were issued vide this court’s order dated 27/10/2021. They were directed to come to court on 14/2/2022.
5. Although there is on record a Notice of Motion dated 5th of October, 2020, the parties have not fully canvassed it. However, failure to fully canvass an application cannot be made an excuse to inordinately delay the hearing and determination of a suit. The parties cannot also rely on their non-compliance with Order 11 of the Civil Procedure Rules to delay the hearing and determination of a suit.
6. To redress the shenanigans employed by the parties to delay the hearing and determination of this suit, I issue the following orders:
a. Notices to be issued upon the parties concerning the orders issued by the court today.
b. Parties are to concurrently comply with Order 11, CPR within 30 days of today.
c. This suit will be heard on 21/3/2022.
WRITTEN AND DELIVERED IN OPEN COURT AT ISIOLO THIS 14TH DAY OF FEBRUARY, 2022 IN THE PRESENCE OF:
Court Assistant: Balozi
HON. JUSTICE P. M. NJOROGE
JUDGE