[2019] KEELC 1117 (KLR)
The court found that both parties failed to comply with Order 11 of the Civil Procedure Rules as previously directed. Recognizing the judiciary's policy to dispose of civil matters within one year and the negative impact of litigant-driven delays on the judicial system, the court exercised its discretion to exempt...
Source-derived case information.
- Citation
- [2019] KEELC 1117 (KLR)
- Parties
- Plaintiff: Dionicia Ciandeke; Defendant: Ndururu Nyaga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 15 of 2018
- Procedural Posture
- Land and Property Suit / Pre Trial Directions
- Outcome
- Suit exempted from compliance with Order 11 CPR; hearing date set.
- Judges
- FM Njoroge
- Legal Topics
- Case Management, Order 11 Civil Procedure Rules, Judicial Backlog, Expeditious Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dionicia Ciandeke
Plaintiff
Ndururu Nyaga
Defendant
Procedural Posture
Land and Property Suit / Pre Trial Directions
Legal Issues
- 1 Whether the suit should be exempted from compliance with Order 11 of the Civil Procedure Rules to facilitate expeditious hearing and determination.
- 2 Whether the delay in compliance justifies bypassing pre-trial procedures.
Ratio Decidendi
The court found that both parties failed to comply with Order 11 of the Civil Procedure Rules as previously directed. Recognizing the judiciary's policy to dispose of civil matters within one year and the negative impact of litigant-driven delays on the judicial system, the court exercised its discretion to exempt the suit from further compliance with Order 11. This exemption was granted to facilitate the expeditious hearing and determination of the matter, overriding the usual pre-trial procedures in the interest of justice and judicial efficiency.
Court Disposition
Suit exempted from compliance with Order 11 CPR; hearing date set.
Orders
- This suit is exempted from compliance with Order 11 Civil Procedure Rules.
- The suit will be heard on 5th November, 2019.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 15 OF 2018
DIONECIA CIANDEKE......PLAINTIFF
VERSUS
NDURURU NYAGA.........DEFENDANT
RULING
1. The parties advocates are not in court. Their representatives were in court on 24th September, 2019 when today’s date was given. The parties were ordered to fully comply with order 11, CPR within 14 days for the plaintiff and 14 days for the defendant. There are no filings concerning compliance after 24th September, 2019.
2. This court’s understanding with the Judiciary is for Civil matters to be completed within 1 year. Litigants, as demonstrated by this case, are the instigators of backlogs in the Judicial system.
3. I find it necessary to hear and determine this suit without further delay. Therefore, this suit is exempted from compliance with order 11 CPR to facilitate expeditious hearing and determination.
4. It is directed that the suit will be heard on 5th November, 2019
Delivered in open Court at Chuka this 30th day of October, 2019 in the presence of:
CA: Ndegwa
Dionicia Ciandeke plaintiff
Ndururu Nyaga represented by his son Alexander Nyaga - Defendant
P.M. NJOROGE
JUDGE