[2019] KEELC 4022 (KLR)
The court exercised its discretion to direct that the application be heard by way of written submissions, based on the parties' mutual agreement. This approach is consistent with the overriding objective of the Civil Procedure Act to facilitate the just, expeditious, and affordable resolution of disputes. The court...
Source-derived case information.
- Citation
- [2019] KEELC 4022 (KLR)
- Parties
- Applicant: Dalco Trading Ltd; Respondent: Kimaita Imathiu; Respondent: Lawrence N. Mugambi; Respondent: Mohamed Hashain Jama; Respondent: Land Registrar, Tharaka Nithi County
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 09 of 2018
- Procedural Posture
- Miscellaneous Application / Directions on Hearing Procedure
- Outcome
- Application to be heard by written submissions; directions issued.
- Judges
- FM Njoroge
- Legal Topics
- Case Management, Written Submissions, Directions, Land Dispute Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dalco Trading Ltd
Applicant
Kimaita Imathiu
Respondent
Lawrence N. Mugambi
Respondent
Mohamed Hashain Jama
Respondent
Land Registrar, Tharaka Nithi County
Respondent
Procedural Posture
Miscellaneous Application / Directions on Hearing Procedure
Legal Issues
- 1 Whether the application should be heard by way of written submissions.
- 2 What directions should be issued regarding the filing of submissions and further conduct of the matter.
Ratio Decidendi
The court exercised its discretion to direct that the application be heard by way of written submissions, based on the parties' mutual agreement. This approach is consistent with the overriding objective of the Civil Procedure Act to facilitate the just, expeditious, and affordable resolution of disputes. The court further directed that both parties file their submissions simultaneously within 14 days, in both hard and soft copies, and scheduled a mention for directions thereafter. These orders ensure procedural fairness and efficiency in the conduct of the matter.
Court Disposition
Application to be heard by written submissions; directions issued.
Orders
- The application will be canvassed by way of written submissions with both parties simultaneously filing their submissions in both hard and soft copies within 14 days of today.
- Parties will take directions on 24th April, 2019.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC MISCELLANEOUS APPLICATION CASE NO. 09 OF 2018
DALCO TRADING LTD..........................................PLAINTIFF/APPLICANT
VERSUS
KIMAITA IMATHIU............................................................1ST RESPONDENT
LAWRENCE N. MUGAMBI...............................................2ND RESPONDENT
MOHAMED HASHAIN JAMA..........................................3RD RESPONDENT
LAND REGISRAR, THARAKA NITHI COUNTY.........4TH RESPONDENT
RULING
1. This matter was coming up for interpartes hearing this morning.
2. The parties told the court that they were in agreement that the apposite application be canvassed through written submissions and that both parties simultaneously file written submissions within 14 days of today and come back to court for directions thereafter.
3. It is ordered as follows:
1. The application will be canvassed by way of written submissions with both parties simultaneously filing their submissions in both hard and soft copies within 14 days of today.
2. Parties will take directions on 24th April, 2019.
4. It is so ordered.
Delivered in open court at Chuka this 26th day of March, 2019 in the presence of:
CA: Ndegwa
Siagi present for the Applicant
Murango Mwenda for 1st and 2nd Respondents
P.M. NJOROGE
JUDGE