[2019] KEELC 1168 (KLR)
The court determined that, given the history of the case and its transfers between courts, it was in the interest of justice to prioritize its hearing. The court exercised its discretion to grant all parties, including the Attorney General for the 4th defendant, 21 days to fully comply with Order 11 of the Civil...
Source-derived case information.
- Citation
- [2019] KEELC 1168 (KLR)
- Parties
- Applicant: Dalco Trading Centre; Respondent: Kamaita Imathiu; Respondent: Lawrence N. Mugambi; Respondent: Mohamed Hashin Jamah; Respondent: Land Registrar, Tharaka Nithi County
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 18 of 2019
- Procedural Posture
- Land and Property Suit / Pre Trial Compliance Directions
- Outcome
- Directions issued for pre-trial compliance and expeditious hearing.
- Judges
- FM Njoroge
- Legal Topics
- Pre Trial Compliance, Order 11 Civil Procedure Rules, Case Management, Expeditious Disposal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dalco Trading Centre
Applicant
Kamaita Imathiu
Respondent
Lawrence N. Mugambi
Respondent
Mohamed Hashin Jamah
Respondent
Land Registrar, Tharaka Nithi County
Respondent
Procedural Posture
Land and Property Suit / Pre Trial Compliance Directions
Legal Issues
- 1 Whether the parties have complied with Order 11 of the Civil Procedure Rules regarding pre-trial procedures.
- 2 Whether the suit should be prioritized for hearing due to its history and pendency.
Ratio Decidendi
The court determined that, given the history of the case and its transfers between courts, it was in the interest of justice to prioritize its hearing. The court exercised its discretion to grant all parties, including the Attorney General for the 4th defendant, 21 days to fully comply with Order 11 of the Civil Procedure Rules. The court further directed that the matter be mentioned for directions on a specified date to ensure compliance and facilitate expeditious disposal. The orders were made to ensure that all parties are on equal footing and that the matter proceeds efficiently to hearing.
Court Disposition
Directions issued for pre-trial compliance and expeditious hearing.
Orders
- The Attorney General for the 4th defendant is granted 21 days to file apposite documents and fully comply with Order 11, Civil Procedure Rules. The plaintiff to serve this order upon the AG.
- All parties who have not fully complied with Order 11, Civil Procedure Rules are granted 21 days to fully comply.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 18 OF 2019
FORMERLY MARIMANTI ELC 48 OF 2017
FORMERLY CHUKA ELC 191 OF 2017
DALCO TRADING CENTRE ....................................APPLICANT/PLAINTIFF
VERSUS
KAMAITA IMATHIU ...................................1ST RESPONDENT/DEFENDANT
LAWRENCE N. MUGAMBI........................2ND RESPONDENT/DEFENDANT
MOHAMED HASHIN JAMAH...................3RD RESPONDENT/DEFENDANT
LAND REGISTRAR,
THARAKA NITHI COUNTY......................4TH RESPONDENT/DEFENDANT
RULING
1. This ruling concerns expeditious disposal of this suit which was filed in March, 2017 at Chuka ELC Court. It was transferred to Marimanti Law Courts and then returned to Chuka ELC Court.
2. I find it merited that this suit should be heard on priority basis. Consequently, the following orders are issued.
1. The AG for the 4th defendant is granted 21 days to file apposite documents and to fully comply with order 11, CPR and the plaintiff to serve this order upon the AG.
2. All parties who may have not fully complied with order 11, CPR are granted 21 days to fully comply.
3. Parties will come to court for directions, by consent, on 26. 11. 2019.
Delivered in open Court at Chuka this 29th day of October, 2019 in the presence of:
CA: Ndegwa
Siagi for the Plaintiff
Murango for 1st and 2nd defendants
M/s Kithaka h/b Kiogora Arithi for 3rd defendant
P.M. NJOROGE
JUDGE