[2022] KEELC 2969 (KLR)
The court found that, although the adjournment inconvenienced other parties, the overriding interest of justice required that all parties, including the National Land Commission, be given a fair opportunity to ventilate their issues. The court exercised its discretion to grant the National Land Commission 30 days to...
Source-derived case information.
- Citation
- [2022] KEELC 2969 (KLR)
- Parties
- Plaintiff: Marryann Mohamed Cheabril (Suing as the Administrator of the Estate of Asha Jabril Mohamed - Deceased); Defendant: Michael Koome Mburugu; Defendant: Isiolo County Government; Defendant: Jediel Kirimi Rutere; Defendant: National Land Commission
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 001 of 2021
- Procedural Posture
- Environment and Land Case / Pre Hearing Adjournment Ruling
- Outcome
- Adjournment granted; National Land Commission given leave to file and serve documents; hearing rescheduled by consent.
- Judges
- PM Njoroge
- Legal Topics
- Adjournment of Hearing, Representation of Parties, Filing of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marryann Mohamed Cheabril (Suing as the Administrator of the Estate of Asha Jabril Mohamed - Deceased)
Plaintiff
Michael Koome Mburugu
Defendant
Isiolo County Government
Defendant
Jediel Kirimi Rutere
Defendant
National Land Commission
Defendant
Procedural Posture
Environment and Land Case / Pre Hearing Adjournment Ruling
Legal Issues
- 1 Whether the National Land Commission should be granted time to file and serve its documents before the hearing proceeds.
- 2 Whether the adjournment is justified in the interest of justice despite inconvenience to other parties.
Ratio Decidendi
The court found that, although the adjournment inconvenienced other parties, the overriding interest of justice required that all parties, including the National Land Commission, be given a fair opportunity to ventilate their issues. The court exercised its discretion to grant the National Land Commission 30 days to file and serve its documents, and by consent of the parties, set new hearing dates. The decision was guided by the principle that justice must not only be done but be seen to be done, and that all parties should be adequately prepared for hearing.
Court Disposition
Adjournment granted; National Land Commission given leave to file and serve documents; hearing rescheduled by consent.
Orders
- The National Land Commission is granted 30 days to file and serve its documents.
- By consent, hearing will take place on 19th and 20th September, 2022.
Full Case Text
Judgment text and source record
24 paragraphs
Cheabril (Suing as the Administrator of the Estate of Asha Jabril Mohamed - Deceased) v Mburugu & 2 others (Environment & Land Case 001 of 2021) [2022] KEELC 2969 (KLR) (23 May 2022) (Ruling)
Neutral citation: [2022] KEELC 2969 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case 001 of 2021
PM Njoroge, J
May 23, 2022
Between
Marryann Mohamed Cheabril
Plaintiff
Suing as the Administrator of the Estate of Asha Jabril Mohamed - Deceased
and
Michael Koome Mburugu
1st Defendant
Isiolo County Government
2nd Defendant
Jediel Kirimi Rutere
3rd Defendant
Ruling
1. This case was slated for hearing on 23/5/2022.
2. Just as the first witness was called to testify further, advocate Haji, informed the Court that he represented the National Land Commission which is one for the parties in this case. He told the Court that his Senior, Mr. Maiyo had been handling the matter but had left NLC. He said that he did not have the Court file and that he needed to acclimatise himself with the apposite issues.
3. Although it inconveniences other parties, I find that in The Overarching and overriding Interest of Justice, it is necessary for all parties to be allowed to ventilate their issues.
4. The following orders are issued:a)The National Land Commission is granted 30 days to file and serve its documents.b)By consent, hearing will take place on 19th and 20th September, 2022.
WRITTEN AND DELIVERED IN OPEN COURT AT ISIOLO THIS 23RD DAY OF MAY, 2022 IN THE PRESENCE OF:HON. JUSTICE P. M. NJOROGEJUDGECourt Assistant: BaloziLakicha for the PlaintiffMwirigi Kaburu for the 1st DefendantKen Muriuki for the 2nd DefendantMurango Mwenda for 3rd DefendantKimathi for the 6th and 7th DefendantHON. JUSTICE P. M. NJOROGEJUDGE