[2017] KEELC 2256 (KLR)
The court found that the plaintiff had failed to comply with its previous order to serve the 1st and 2nd defendants with summons and other apposite documents, resulting in unnecessary delay of the proceedings. As a final opportunity, the court ordered the plaintiff to serve the required documents within seven days,...
Source-derived case information.
- Citation
- [2017] KEELC 2256 (KLR)
- Parties
- Plaintiff: Elyjoy Kageni; Defendant: Bank of Africa Kenya Limited; Defendant: Muga Auctioneers and General Merchants; Defendant: United Brothers Camps Ltd; Defendant: Humphrey Mbabu Mbaka
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 69 of 2017
- Procedural Posture
- Land and Property Suit / Pre Trial Directions and Compliance Ruling
- Outcome
- Plaintiff granted a final opportunity to serve documents; costs awarded to 1st and 2nd defendants.
- Legal Topics
- Service of Process, Pre Trial Conference, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elyjoy Kageni
Plaintiff
Bank of Africa Kenya Limited
Defendant
Muga Auctioneers and General Merchants
Defendant
United Brothers Camps Ltd
Defendant
Humphrey Mbabu Mbaka
Defendant
Procedural Posture
Land and Property Suit / Pre Trial Directions and Compliance Ruling
Legal Issues
- 1 Whether the plaintiff failed to serve the 1st and 2nd defendants with summons and apposite documents as ordered by the court.
- 2 Whether the 1st and 2nd defendants are entitled to costs due to the plaintiff's non-compliance and delay.
Ratio Decidendi
The court found that the plaintiff had failed to comply with its previous order to serve the 1st and 2nd defendants with summons and other apposite documents, resulting in unnecessary delay of the proceedings. As a final opportunity, the court ordered the plaintiff to serve the required documents within seven days, failing which the defendants would be at liberty to move the court for appropriate relief. The court further directed that upon service, the 1st and 2nd defendants should enter appearance and file their defence within fourteen days. Costs for the day's attendance were awarded to the 1st and 2nd defendants due to the plaintiff's non-compliance and the resultant adjournment.
Court Disposition
Plaintiff granted a final opportunity to serve documents; costs awarded to 1st and 2nd defendants.
Orders
- Plaintiff to serve 1st and 2nd defendants with summons and apposite documents within 7 days, failing which the defendants may move the court appropriately.
- Upon receipt of documents, 1st and 2nd defendants to enter appearance and file defence within 14 days.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 69 OF 2017
FORMERLY MERU ELC CASE NO.74 OF 2015
ELYJOY KAGENI………….…………….…..........……………....PLAINTIFF
VERSUS
BANK OF AFRICA KENYA LIMITED………….…......……….1ST DEFENDANT
MUGA AUCTIONEERS AND GENERAL MERCHANTS.......2ND DEFENDANT
UNITED BROTHERS CAMPS LTD….…...………..…………..3RD DEFENDANT
HUMPHREY MBABU MBAKA………...…………...…………4TH DEFENDANT
RULING
1. On 5th April, 2017 Miss Mbaikiata, the plaintiff’s advocate agreed that the 1st and 2nd defendant’s advocates had not been served with summons to enter appearance and with apposite documents. She told the court that her firm had given the documents to a process server who had not come back to them. She undertook that the apposite documents would be served within 7 days of 5th April, 2017.
2. Mr Owiti the 1st and 2nd defendant’s advocate undertook to enter appearance and to file a defence within 14 days after receipt of the apposite documents from the plaintiff’s advocate.
3. By consent, the parties agreed to come to court for a pre-trial conference on 28th June, 2017.
4. On 28th June, 2017, the plaintiff had not served upon the 1st and 2nd defendant’s advocate the apposite documents.
5. Mr. Owiti for the 1st and 2nd defendants requested the court to make a ruling regarding this matter as the plaintiff was delaying the hearing and disposal of the suit unnecessarily.
6. Mr.Owiti prayed for costs as he came all the way from Nairobi although the matter could not proceed because the plaintiff had disobeyed court orders.
7. The court rules as follows:
a) As a last chance, the plaintiff should serve the 1st and 2nd defendants with summons and other apposite documents including the plaint within 7 days of today, failing which the 1st and 2nd defendants may move the court appropriately.
b) Upon receipt of the summons and other apposite documents including the plaint, the advocates for the 1st and 2nd defendants will enter appearance and file a defence within 14 days.
8. Costs for today (28. 6.2017) awarded to the 1st and 2nd defendants and to be in the cause.
9. Pre-conference and directions, by consent, on 25th July, 2017.
10. It is so ordered.
Delivered in open court at Chuka this 28th day of June, 2017 in the presence of:
CA: Ndegwa
Mark Muriithi h/b Rimita for the plaintiff
Owiti for the defendant
P. M. NJOROGE,
JUDGE.