[2022] KEELC 1752 (KLR)
The court found that the parties had previously, by consent, agreed to be ready for hearing and to take directions on the specified date. The request for further time by the respondents was disallowed as it would undermine the principle of expeditious disposal and the binding nature of consent orders. The court...
Source-derived case information.
- Citation
- [2022] KEELC 1752 (KLR)
- Parties
- Applicant: Ali Guyo Sorcha; Respondent: Noor Muhidin; Applicant: Adhi Ali Sorcha; Respondent: Jarso
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Petition 9 of 2021
- Procedural Posture
- Constitutional Petition / Pre Trial Directions
- Outcome
- Directions issued for filing and exchange of submissions; compliance with Order 11, CPR, dispensed with; mention date set for confirmation.
- Legal Topics
- Case Management, Filing of Submissions, Pre Trial Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ali Guyo Sorcha
Applicant
Noor Muhidin
Respondent
Adhi Ali Sorcha
Applicant
Jarso
Respondent
Procedural Posture
Constitutional Petition / Pre Trial Directions
Legal Issues
- 1 Whether the parties have complied with previous court directions regarding readiness for hearing.
- 2 Whether further adjournment or extension of time should be granted to the respondents.
- 3 What directions should be issued to ensure expeditious disposal of the petition.
Ratio Decidendi
The court found that the parties had previously, by consent, agreed to be ready for hearing and to take directions on the specified date. The request for further time by the respondents was disallowed as it would undermine the principle of expeditious disposal and the binding nature of consent orders. The court therefore issued directions for the filing and exchange of written submissions within set timelines and dispensed with compliance with Order 11 of the Civil Procedure Rules, given the nature of the petition. The matter was set for mention to confirm compliance and further directions.
Court Disposition
Directions issued for filing and exchange of submissions; compliance with Order 11, CPR, dispensed with; mention date set for confirmation.
Orders
- The Petitioner is directed to file and exchange written submissions within 30 days.
- The respondents are to file and exchange their submissions within 30 days after receipt of the Petitioner’s submissions.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE LAND AND ENVIRONMENT COURT
AT ISIOLO
PETITION NO. 009 OF 2021
ALI GUYO SORCHA.................................................................................PETITIONER
-VERSUS-
NOOR MUHIDIN & 3 OTHERS.........................................................RESPONDENTS
RULING
1. At 9. 00 a.m. on 8/2/2022, the advocates representing the parties were not in court.
2. A lady called ADHI ALI SORCHA told the court that she had been sent by her father, the petitioner, whom she said was seriously ill and had been ailing for the last 20 years. She told the court that she had yesterday talked to her advocate, Mr. Leonard Ondari who had assured her that he would be in court today. She proffered that she had even paid him money to facilitate his attendance today.
3. M/S Ardhi Complained that hearing and determination of this suit had taken too long as it had been filed in 2015. She said that she and the petitioner were always in court during all mentions and hearings. She complained that many times the other parties did not come to court. She urged the court to have the matter heard and determined expeditiously.
4. At 9. 35 a.m. advocate Jarso walked into court. He told the court that he was holding brief for Mr. Hassan for the 2nd Respondent. He told the court that Mr. Hassan required 2 months to be ready. I disallowed this oral prayer because on 14/12/2021, by consent of all counsel present in court, the parties had agreed to be ready by 8/2/2022 (today) and to take apposite directions.
5. Considering all pertinent issues, I issue the following orders:
a) The Petitioner is directed to file and exchange his written submissions within 30 days of today and the respondents are to do so within 30 days after receipt of the Petitioner’s submissions.
b) As this suit is a Petition, the order to comply with Order 11, CPR, is hereby dispensed with and stands vacated.
c) It is ordered that Notice be Issued to all parties to come to court for directions on 16/5/2022 to confirm filing of submissions.
d) For avoidance of doubt, directions on 16/5/2022.
Written and delivered in Open Court at Isiolo this 8th day of February, 2022 in the presence of:
Court Assistant: Denge
Jarso h/b Hasan for 2nd respondent.
HON. JUSTICE P. M. NJOROGE
JUDGE