[2023] KEELC 20440 (KLR)
The court found that the defendants repeatedly failed to comply with orders to file and serve their documents, despite being granted multiple opportunities and extensions. No sufficient justification, such as illness, was formally raised at the relevant times. The court exercised its discretion to decline further...
Source-derived case information.
- Citation
- [2023] KEELC 20440 (KLR)
- Parties
- Plaintiff: Hussein Ahmed Farah; Plaintiff: Hussein Unshur Mohamed; Defendant: Yusuf Abdi Adan; Defendant: Mahammed Abdikadir Adan
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E229 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Compliance and Scheduling
- Outcome
- Mention date declined; matter to be heard on priority basis in October 2023.
- Judges
- LN Mbugua
- Legal Topics
- Case Management, Non Compliance With Court Orders, Rent Deposit Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hussein Ahmed Farah
Plaintiff
Hussein Unshur Mohamed
Plaintiff
Yusuf Abdi Adan
Defendant
Mahammed Abdikadir Adan
Defendant
Procedural Posture
Environment and Land Case / Ruling on Compliance and Scheduling
Legal Issues
- 1 Whether the defendants complied with previous court orders regarding filing and serving documents.
- 2 Whether the defendants provided sufficient justification for non-compliance, including claims of illness.
- 3 Whether the matter should be given a further mention date or set for hearing on a priority basis.
Ratio Decidendi
The court found that the defendants repeatedly failed to comply with orders to file and serve their documents, despite being granted multiple opportunities and extensions. No sufficient justification, such as illness, was formally raised at the relevant times. The court exercised its discretion to decline further mention dates and instead directed that the matter be set for hearing on a priority basis, granting the 1st defendant's counsel the opportunity to select a date in October. This approach was adopted to prevent further delay and ensure efficient administration of justice.
Court Disposition
Mention date declined; matter to be heard on priority basis in October 2023.
Orders
- The matter shall be heard on a priority basis in October 2023.
- The 1st defendant’s counsel shall have priority in choosing a hearing date in October.
Full Case Text
Judgment text and source record
24 paragraphs
Farah & another v Adan & another (Environment & Land Case E229 of 2022) [2023] KEELC 20440 (KLR) (27 September 2023) (Ruling)
Neutral citation: [2023] KEELC 20440 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case E229 of 2022
LN Mbugua, J
September 27, 2023
Between
Hussein Ahmed Farah
1st Plaintiff
Hussein Unshur Mohamed
2nd Plaintiff
and
Yusuf Abdi Adan
1st Defendant
Mahammed Abdikadir Adan
2nd Defendant
Ruling
1. I have perused the record. I find that on 8. 5.2023 the matter was before Judge Mwangi and the issue at hand concerned rent deposits. That is an issue which has been persistent from the infancy of the suit.
2. What counsel for 1st defendant informed the court is that they were trying to deposit rent for April. They never raised the issue of the sickness of the 1st defendant. They were however granted 14 days to file serve their documents. There was however no compliance.
3. The mater had a hearing date of 22. 6.2023 but was also to be mentioned on 8. 6.2023. On that day of 8. 6.2023, counsel for 1st defendant made an application to file/serve their witness statements and documents. They were granted 7 days to do. There was again no mention of the ailment of the 1st defendant. There was also no compliance with the said orders.
4. The hearing date of 22. 6.2023 was vacated and the matter was scheduled for hearing on 18. 7.2023. Come this date and the counsel for 1st defendant did not in any way raise the issue about the sickness of the 1st defendant. They also never bothered to inform the court as to whether they had complied with Order II of the Civil Procedure Rules.
5. In the circumstances, I decline to grant a mention date. Instead, this matter shall be heard on priority basis in the month of October 2023. The 1st defendant’s counsel shall get the priority of choosing a date in October even though the court’s diary is on 26. 2.2024.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 27TH DAY OF SEPTEMBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGE