[2024] KEELC 6933 (KLR)
The court found that it could not proceed to determine the applications for substitution and abatement because not all relevant documents, specifically the application dated 8/10/2018 and its responses, were before it. The court emphasized the necessity for parties to supply all required documents to enable a fair...
Source-derived case information.
- Citation
- [2024] KEELC 6933 (KLR)
- Parties
- Plaintiff: Francis K Busienei & 29 others; Defendant: Kipkeibon Estate Ltd
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 22 of 2022
- Procedural Posture
- Environment and Land Case / Interlocutory Application Ruling
- Outcome
- Ruling deferred; parties directed to supply missing documents for determination of applications.
- Judges
- MN Mwanyale
- Legal Topics
- Abatement of Suit, Substitution of Parties, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis K Busienei & 29 others
Plaintiff
Kipkeibon Estate Ltd
Defendant
Procedural Posture
Environment and Land Case / Interlocutory Application Ruling
Legal Issues
- 1 Whether the application for substitution of deceased plaintiffs can be considered without all relevant documents before the court.
- 2 Whether the suit against the deceased plaintiffs should be deemed to have abated.
Ratio Decidendi
The court found that it could not proceed to determine the applications for substitution and abatement because not all relevant documents, specifically the application dated 8/10/2018 and its responses, were before it. The court emphasized the necessity for parties to supply all required documents to enable a fair and comprehensive determination. As a result, the court directed the parties to provide the missing application and submissions within three days, after which the substantive ruling would be delivered on a specified date.
Court Disposition
Ruling deferred; parties directed to supply missing documents for determination of applications.
Orders
- Parties to supply the application dated 8/10/2018 and responses within 3 days.
- Parties to file respective submissions within the same period.
Full Case Text
Judgment text and source record
19 paragraphs
Busienei & 29 others v Kipkeibon Estate Ltd (Environment & Land Case 22 of 2022) [2024] KEELC 6933 (KLR) (17 October 2024) (Ruling)
Neutral citation: [2024] KEELC 6933 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Environment & Land Case 22 of 2022
MN Mwanyale, J
October 17, 2024
Between
Francis K Busienei & 29 others & 29 others
Plaintiff
and
Kipkeibon Estate Ltd
Defendant
Ruling
1. The Court did slot two applications which were to be heard simultaneously one of the applications was dated 14/11/2017 and the other was dated 8th October, 2018.
2. The nature of the applications is that they are related, one seeks substitution of deceased Plaintiff’s and the other seeks that the suit against the deceased Plaintiff’s be deemed to have abated.
3. However, upon perusal of the Court file, the Court was only able to see one application dated 14/11/2017. The Defendant had been directed to supply the Court with copies of the said application on 21/5/2024 but only supplied a copy of one application.
4. Consequently, the Court was not able to consider the applications and deliver its ruling on the same as earlier scheduled and directs that;i.Application dated 8/10/2018 together wit its responses be supplied to the Court by the parties herein within 3 days hereof, together with the respective submissions in the same time frameii.The substantive Ruling in respect of those applications shall be delivered on 31/10/2024.
RULING DELIVERED AND DATED AT KAPSABET THIS 17TH DAY OF OCTOBER, 2024. HON. M. N. MWANYALEJUDGEMr. Kosgey for Respondent/DefendantMr. Sambu for Plaintiff