[2022] KEELC 1638 (KLR)
The court found that the appellants had complied with previous orders by filing and serving the record of appeal. Since the appeal had not yet been admitted, the court exercised its discretion to admit the appeal and issued directions for its disposal by way of written submissions. The court further directed the...
Source-derived case information.
- Citation
- [2022] KEELC 1638 (KLR)
- Parties
- Appellant: Ahmed Gulleid Abdille; Appellant: Hussein Mohamed Boya; Respondent: Benson Mugambi; Respondent: James Kamau Kaminja; Respondent: Pauline Ntinyari Kamau
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 007 of 2021
- Procedural Posture
- Civil Appeal / Pre Admission; Directions for Written Submissions
- Outcome
- Appeal admitted; directions issued for written submissions and service of orders.
- Legal Topics
- Appeal Admission, Written Submissions, Service of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ahmed Gulleid Abdille
Appellant
Hussein Mohamed Boya
Appellant
Benson Mugambi
Respondent
James Kamau Kaminja
Respondent
Pauline Ntinyari Kamau
Respondent
Procedural Posture
Civil Appeal / Pre Admission; Directions for Written Submissions
Legal Issues
- 1 Whether the appeal should be admitted for hearing.
- 2 What directions should govern the filing and exchange of written submissions.
Ratio Decidendi
The court found that the appellants had complied with previous orders by filing and serving the record of appeal. Since the appeal had not yet been admitted, the court exercised its discretion to admit the appeal and issued directions for its disposal by way of written submissions. The court further directed the appellants to serve the orders issued on the respondents within a specified period, ensuring procedural fairness and compliance with the rules of court.
Court Disposition
Appeal admitted; directions issued for written submissions and service of orders.
Orders
- The appeal is to be canvassed by way of written submissions with the appellants filing and exchanging written submissions within 30 days of today and the respondents to do so within 30 days after receipt of the appellants’ written submissions.
- The appellants to serve the orders issued today upon the respondents within 10 days of today.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE LAND AND ENVIRONMENT COURT
AT ISIOLO
E. L. C APPEAL NO. 007 OF 2021
AHMED GULLEID ABDILLE ……………..…………….1ST APPELLANT
HUSSEIN MOHAMED BOYA…………………………….2ND APPELLANT
-VERSUS-
BENSON MUGAMBI ……………………………………1ST RESPONDENT
JAMES KAMAU KAMINJA…………………………….2ND RESPONDENT
PAULINE NTINYARI KAMAU…..…………………….3RD RESPONDENT
RULING
1. Mr. Njindo holding brief for Mr. Kiogora Mugambi told the court that the intended appellants had filed a record of Appeal and served it on the respondents in obeisance to this Courts Orders issued on 22nd November, 2021. Mr. Njindo alerted the court that the appeal had not been admitted. He prayed for its admission by the court.
2. The following orders are issued:
a) This appeal is to be canvassed by way of written submissions with the appellants filing and exchanging written submissions within 30 days of today and the respondents to do so within 30 days after receipt of the appellants’ written submissions.
b) The appellants to serve the orders issued today upon the respondents within 10 days of today.
c) Directions on 16/5/2022.
Delivered in Open Court at Isiolo this 7th day of February, 2022 in the presence of:
Court Assistant: Denge
Njindo h/b Kiogora Mugambi for the Appellant.
HON. JUSTICE P. M. NJOROGE
JUDGE