[2022] KEELC 14690 (KLR)
The court determined that, to ensure an efficient and fair hearing in this long-standing land dispute, all parties must file a single, consolidated, indexed, and paginated bundle of documents containing only those already on record as of the date of the ruling. Witness statements must be included in the same bundle....
Source-derived case information.
- Citation
- [2022] KEELC 14690 (KLR)
- Parties
- Plaintiff: Doune Farm Limited; Defendant: Richard Soi; Defendant: Joseph Runya Chuma; Defendant: Jacson Mutai; Defendant: Chrisyine Laboso; Defendant: Richard Sitienei
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 142 of 2019
- Procedural Posture
- Environment and Land Case / Pre Trial Directions; Case Management
- Outcome
- Pre-trial case management orders issued; no final determination on merits.
- Judges
- FM Njoroge
- Legal Topics
- Case Management, Document Bundle Preparation, Pre Trial Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Doune Farm Limited
Plaintiff
Richard Soi
Defendant
Joseph Runya Chuma
Defendant
Jacson Mutai
Defendant
Chrisyine Laboso
Defendant
Richard Sitienei
Defendant
Procedural Posture
Environment and Land Case / Pre Trial Directions; Case Management
Legal Issues
- 1 Whether the parties should file a consolidated, indexed, and paginated bundle of documents for trial preparation.
- 2 Whether new documents or witness statements may be introduced at this stage of proceedings.
- 3 How objections to documents in the consolidated bundle should be raised and managed.
Ratio Decidendi
The court determined that, to ensure an efficient and fair hearing in this long-standing land dispute, all parties must file a single, consolidated, indexed, and paginated bundle of documents containing only those already on record as of the date of the ruling. Witness statements must be included in the same bundle. No new documents or statements may be introduced at this stage. The court further directed that any objections to documents in the consolidated bundle must be raised in writing within seven days of service, and failure to do so will preclude parties from objecting at the hearing except in exceptional circumstances. These directions are intended to streamline the trial process,...
Court Disposition
Pre-trial case management orders issued; no final determination on merits.
Orders
- All parties shall file one consolidated, indexed, and paginated bundle of documents comprising only those filed as at the date of the ruling, within 14 days.
- Witness statements previously filed shall be included in the consolidated bundle.
Full Case Text
Judgment text and source record
28 paragraphs
Doune Farm Limited v Soi & 4 others (Environment & Land Case 142 of 2019) [2022] KEELC 14690 (KLR) (9 November 2022) (Ruling)
Neutral citation: [2022] KEELC 14690 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case 142 of 2019
FM Njoroge, J
November 9, 2022
(FORMERLY CIVIL CASE NO: 86 OF 2002)
Between
Doune Farm Limited
Plaintiff
and
Richard Soi
1st Defendant
Joseph Runya Chuma
2nd Defendant
Jacson Mutai
3rd Defendant
Chrisyine Laboso
4th Defendant
Richard Sitienei
5th Defendant
Ruling
1. This case was ordered to begin de novo by the Hon Justice Ohungo. Fresh documents were filed on behalf of the plaintiff. The interested parties are also said to have filed their bundle of documents some time back.
2. This is a very old case of 2002. As the court and parties went through the house keeping issues and they were certainly not few,-the time scheduled for the hearing of this case lapsed.
3. Through the conferencing with counsel however, it has been noted that there is need to paginate and index the bundles of documents filed in the record by the parties as evidence so as to make the hearing easier.
4. Consequently, and in order to shorten the hearing period and avoid tedium, I hereby order as follows:1. All parties shall file only one consolidated bundle, duly indexed and paginated, comprising only of the documents filed as at today in this suit and serve it on the other parties in the suit within 14 days from today.2. The witness statements earlier filed shall be bound together with the other documents in the consolidated bundles.3. No new documents or witness statements shall be included save those in the file record as at today.4. The bundles shall commence with the pleadings relied on by the parties (including the amended pleadings followed by lists of witnesses and witness statements and, lastly, followed by documents relied on in evidence.5. Any party objecting to any document included in the consolidated bundle of the other party shall, if they object to production of that document or its copy, notify the other party filing the bundle and do so in writing within 7 days of service.6. Every party filing a bundle shall file an affidavit of service evidencing service of the bundle for the purpose of computation of time in limb No (5) above.7. No party shall, having defaulted in complying with limb No 5 herein above, raise any objection to the production or admission of any document or copy not objected to at the hearing save as the court may in very exceptional circumstances allow.8. There will be a mention of this suit on November 30, 2022 to confirm compliance and to issue a hearing date for the main suit.
DATED, SIGNED AND ISSUED AT NAKURU IN OPEN COURT ON THIS 9TH DAY OF NOVEMBER, 2022. MWANGI NJOROGEJUDGE, ELC, NAKURU