[2019] KEELC 3571 (KLR)
The court found that the parties had not fully complied with Order 11 of the Civil Procedure Rules, particularly noting the 1st defendant's lay status and informal submission of compliance documents. In the interest of expediting the hearing and determination of the suit, the court exercised its discretion to exempt...
Source-derived case information.
- Citation
- [2019] KEELC 3571 (KLR)
- Parties
- Plaintiff: Alexander Nyaga; Defendant: Benjamin Collins Mati; Defendant: Gerrad Nyagi Wilson
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 13 of 2018
- Procedural Posture
- Originating Summons / Pre Trial Directions; Compliance With Order 11 CPR Addressed
- Outcome
- Parties exempted from full compliance with Order 11 Rule 1 CPR; suit set for hearing.
- Judges
- FM Njoroge
- Legal Topics
- Adverse Possession, Land Registration, Limitation of Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alexander Nyaga
Plaintiff
Benjamin Collins Mati
Defendant
Gerrad Nyagi Wilson
Defendant
Procedural Posture
Originating Summons / Pre Trial Directions; Compliance With Order 11 CPR Addressed
Legal Issues
- 1 Whether the parties have complied with Order 11 of the Civil Procedure Rules.
- 2 Whether to exempt the parties from full compliance with Order 11 Rule 1 CPR to expedite hearing.
Ratio Decidendi
The court found that the parties had not fully complied with Order 11 of the Civil Procedure Rules, particularly noting the 1st defendant's lay status and informal submission of compliance documents. In the interest of expediting the hearing and determination of the suit, the court exercised its discretion to exempt the parties from full compliance with Order 11 Rule 1. The matter was set down for hearing on a specified date, prioritizing substantive justice over procedural technicalities.
Court Disposition
Parties exempted from full compliance with Order 11 Rule 1 CPR; suit set for hearing.
Orders
- Full compliance with Order 11 Rule 1 Civil Procedure Rules is exempted.
- The suit will be heard on 20.5.2019.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 13 OF 2018 (OS)
IN THE MATTER OF THE REGISTRATION OF LANDS ACT NO. 3 OF 2012 SECTION 28(H)
AND IN THE MATTER OF ORDER 37 RULE 7 CIVIL PROCEDURE RULES
AND IN THE MATTER OF SECTION 38 OF THE LAW OF LIMITATION OF ACTIONS ACT CHAPTER 22 LAWS F KENYA AND
IN THE MATTER OF AN APPLICATION BY NJERU PHILIP NJOKA THAT THE COURT DO MAKE A DECLARATION THAT HE IS ENTITLED TO 2. 01 ACRES OF LR: MAGUMONI/MUKUUNI/303 UNDER THE DOCTRINE OF ADVERSE POSSESSION AND
IN THE MATTER OF AN APPLICATION BY NJERU PHILIP NJOKA THAT HE BE REGISTERED WITH 2. 01 ACRES OUT OF LR:MAGUMONI/MUKUUNI/303 WHICH HE HAS ACQUIRED UNDER THE DOCTRINE OF ADVERSE POSSESSION
ALEXANDER NYAGA.................................................PLAINTIFF
VERSUS
BENJAMIN COLLINS MATI...........................1ST DEFENDANT
GERRAD NYAGI WILSON..............................2ND DEFENDANT
RULING
1. In this matter, it is clear that the parties have not fully complied with order 11, CPR. The 1st defendant who is not represented by an advocate has called his compliance documents “DEFENCE PAPERS.” He is a lay man.
2. Upon consideration of the totality of the circumstances of this case, and to expedite hearing and determination of this suit, full compliance is in accordance with order 11 Rule 1 of the Civil Procedure Rules exempted.
3. The suit will be heard on 20. 5.2019.
4. It is so ordered.
Delivered in open court at Chuka this 6th day of May, 2019
in the presence of:
CA: Ndegwa
Kaimenyi h/b I.C. Mugo for the Plaintiff
Benjamin Collins Mati – 1st defendant present in person
J. Mwiti h/b Victor Andande & Co absent for the 2nd Defendant
P. M. NJOROGE
JUDGE