[2019] KEELC 2863 (KLR)
The court accepted the parties' consent to adopt the defences from ELC 12 of 2018 (OS) as the defences in ELC 13 of 2018 (OS), recognizing that such adoption is permissible where all parties agree and it serves the interests of judicial economy. The court further directed the parties to file their written...
Source-derived case information.
- Citation
- [2019] KEELC 2863 (KLR)
- Parties
- Applicant: Alexander Nyaga; Respondent: Benjamin Collins Mati; Respondent: Gerrald 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
- Land and Property / Directions Hearing; Pre Trial
- Outcome
- Directions issued by consent; orders granted as prayed.
- Judges
- FM Njoroge
- Legal Topics
- Adoption of Pleadings, Case Management, Written Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alexander Nyaga
Applicant
Benjamin Collins Mati
Respondent
Gerrald Nyagi Wilson
Respondent
Procedural Posture
Land and Property / Directions Hearing; Pre Trial
Legal Issues
- 1 Whether defences in ELC 12 of 2018 (OS) can be adopted as defences in ELC 13 of 2018 (OS).
- 2 What directions should be issued regarding the filing of written submissions.
Ratio Decidendi
The court accepted the parties' consent to adopt the defences from ELC 12 of 2018 (OS) as the defences in ELC 13 of 2018 (OS), recognizing that such adoption is permissible where all parties agree and it serves the interests of judicial economy. The court further directed the parties to file their written submissions within 21 days and to provide both hard and soft copies for each file, ensuring procedural clarity and efficiency. These directions were issued by consent and are binding on all parties.
Court Disposition
Directions issued by consent; orders granted as prayed.
Orders
- Defences in ELC 12 of 2018 (OS) are adopted as defences in ELC 13 of 2018 (OS) by consent.
- Parties to file written submissions and soft copies within 21 days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 13 OF 2018
ALEXANDER NYAGA...............................................APPLICANT
VERSUS
BENJAMIN COLLINS MATI........................1ST RESPONDENT
GERRALD NYAGI WILSON........................2ND RESPONDENT
RULING
1. This matter came for defence hearing on 24th June, 2019. Mr. I.C. Mugo, the plaintiff’s advocate, told the court that he and M/s Ambani, the 2nd defendant’s advocate, had agreed to adopt the defences in ELC 12 of 2018 (OS) as the defences in this case. The 1st defendant agreed.
2. The following directions are issued:
a) By consent, defences in ELC 12 of 2018 (OS) be adopted as defences in ELC 13 of 2018 (OS).
b) Parties are granted 21 days to simultaneously file their written submissions and soft copies thereof.
3. Parties to avail separate hard and soft copies for each of the 2 files.
4. Directions, by consent, on 23. 9.2019
5. It is so ordered.
Delivered in open Court at Chuka this 24th day of June, 2019 in the presence of:
CA: Ndegwa
IC Mugo for the Plaintiff/Applicant
M/s Ambani for the Defendant/Respondent
P.M. NJOROGE
JUDGE