[2019] KEELC 1009 (KLR)
The court found that, in the absence of a stay from the Court of Appeal, the defendant is obligated to comply fully with Order 11 of the Civil Procedure Rules by the specified date. Both parties are required to file agreed and contentious issues to facilitate the hearing of the main suit. The court also determined...
Source-derived case information.
- Citation
- [2019] KEELC 1009 (KLR)
- Parties
- Plaintiff: Chuka Igamba Ng’ombe Development Association; Defendant: County Government of Tharaka Nithi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 16 of 2019
- Procedural Posture
- Land and Environment Case / Directions and Compliance Orders Prior to Hearing
- Outcome
- Directions issued for compliance and case management; interim orders extended.
- Legal Topics
- Case Management, Compliance With Court Orders, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chuka Igamba Ng’ombe Development Association
Plaintiff
County Government of Tharaka Nithi
Defendant
Procedural Posture
Land and Environment Case / Directions and Compliance Orders Prior to Hearing
Legal Issues
- 1 Whether the defendant has complied with previous court orders regarding Order 11 of the Civil Procedure Rules.
- 2 Whether the parties have agreed on the issues for determination and identified contentious issues.
- 3 Whether interim orders should be extended pending hearing of interlocutory applications.
Ratio Decidendi
The court found that, in the absence of a stay from the Court of Appeal, the defendant is obligated to comply fully with Order 11 of the Civil Procedure Rules by the specified date. Both parties are required to file agreed and contentious issues to facilitate the hearing of the main suit. The court also determined that the extant interim orders should be extended under section 63 of the Civil Procedure Act, pending the hearing of any outstanding interlocutory applications or further orders. The directions are aimed at ensuring orderly case management and compliance with procedural requirements to enable the expeditious hearing of the main suit.
Court Disposition
Directions issued for compliance and case management; interim orders extended.
Orders
- Defendant to fully comply with Order 11 of the Civil Procedure Rules by 19th November, 2019.
- Parties' advocates to file agreed and contentious issues by 18th November, 2019.
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. 16 OF 2019
CHUKA IGAMBA NG’OMBE DEVELOPMENT ASSOCIATION......................PLAINTIFF
VERSUS
COUNTY GOVERNMENT OF THARAKA NITHI............................................DEFENDANT
RULING
1. This ruling concerns directions regarding a report filed by the County Commissioner, Tharaka Nithi County, following an order of this court.
2. Mr. Kirimi, for the plaintiff, and Mr. Gitari, for the defendant, told the court that the parties had “agreed” and “contentious issues”.
3. Having heard the parties, I issue the following orders/Directions:
(i) As there is no stay of the proceedings by the Court of Appeal, the defendant is directed to fully comply with Order 11 of the Civil Procedure Rules latest by 19th November, 2019 as was directed by this court on 22nd October, 2019.
(ii) The advocates representing the parties are to file “agreed issues” and “contentious issues” by 18th November, 2019.
(iii)As directed on 22nd October, 2019, the main suit will be heard on 3rd and 4th December, 2019.
(iv) Parties will come to court for directions on 19th November, 2019.
(v) Extant interim orders are extended in terms of section 63, CPA, pending hearing of any unheard interlocutory applications or further orders of the court.
Delivered in open Court at Chuka this 6th day of November, 2019 in the presence of:
CA: Ndegwa
Kirimi Muturi for the plaintiff
Lilian Kiruja and Muthomi Gitari h/b Kibira for the defendant
P. M. NJOROGE,
JUDGE.