[2022] KEELC 2581 (KLR)
The court found that the plaintiffs were primarily responsible for the repeated adjournments since the last witness testified in 2019. The court noted that the issue of summons had been raised by the Attorney General prior to the hearing of the plaintiff's case. Given the history of delays attributable to the...
Source-derived case information.
- Citation
- [2022] KEELC 2581 (KLR)
- Parties
- Plaintiff: Wilfred Gakuye & Joyce Wambui Mbai (Suing as Legal Representatives of the Estate of Jemimah Nyabura Gakuya - Deceased); Defendant: Daniel Mbocha Ngare; Defendant: Chief Land Registrar Nairobi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1214 of 2014
- Procedural Posture
- Environment and Land Case / Interlocutory Ruling on Adjournment and Issuance of Summons
- Outcome
- Adjournment granted; summons to issue as prayed by the 2nd defendant.
- Judges
- LN Mbugua
- Legal Topics
- Adjournment of Hearing, Issuance of Summons, Case Management, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilfred Gakuye & Joyce Wambui Mbai (Suing as Legal Representatives of the Estate of Jemimah Nyabura Gakuya - Deceased)
Plaintiff
Daniel Mbocha Ngare
Defendant
Chief Land Registrar Nairobi
Defendant
Procedural Posture
Environment and Land Case / Interlocutory Ruling on Adjournment and Issuance of Summons
Legal Issues
- 1 Whether the repeated adjournments in the case were justified.
- 2 Whether summons should issue as requested by the 2nd defendant.
Ratio Decidendi
The court found that the plaintiffs were primarily responsible for the repeated adjournments since the last witness testified in 2019. The court noted that the issue of summons had been raised by the Attorney General prior to the hearing of the plaintiff's case. Given the history of delays attributable to the plaintiffs and the pending application for summons by the 2nd defendant, the court exercised its discretion to allow the adjournment and directed that summons issue as prayed. The decision was guided by the need to move the matter forward and ensure procedural fairness to all parties.
Court Disposition
Adjournment granted; summons to issue as prayed by the 2nd defendant.
Orders
- The case is adjourned as requested.
- Summons to issue as prayed by Mr. Meenge for the 2nd defendant.
Full Case Text
Judgment text and source record
22 paragraphs
Gakuye & another (Suing as Legal Representatives of the Estate of Jemimah Nyabura Gakuya - Deceased) v Ngare & another (Environment & Land Case 1214 of 2014) [2022] KEELC 2581 (KLR) (14 July 2022) (Ruling)
Neutral citation: [2022] KEELC 2581 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 1214 of 2014
LN Mbugua, J
July 14, 2022
Between
Wilfred Gakuye & Joyce Wambui Mbai
Plaintiff
Suing as Legal Representatives of the Estate of Jemimah Nyabura Gakuya - Deceased
and
Daniel Mbocha Ngare
1st Defendant
Chief Land Registrar Nairobi
2nd Defendant
Ruling
1. I have gone through the records; I find that from 29/9/2019 when the last witness of the plaintiff testified, the case has been adjourned severally as follows:i.On 4/2/2020, the case was adjourned at instance of the plaintiff.ii.On 6/7/2020, the plaintiffs sought for adjournment. It appears that they were not sure if their case was closed or not. Thereafter, parties attempted to explore settlement which did not bear fruits.iii.On 3/3/2021, again the plaintiff’s counsel seized of the matter was not ready.iv.As for the date of 15/3/2022, the matter was removed by the court as the court was on leave; while the date of 3/5/2022 was a public holiday.
2. Thus by and large it is, the plaintiffs who have caused the adjournments in this case.
3. Secondly, I find that the issue of summons was raised by the Attorney General even long before the plaintiff’s case was heard as per the proceedings of 25/7/2019.
4. In that regard, the court allows the adjournment of the case. Summons to issue as prayed by Mr. Meenge.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 14TH DAY OF JULY, 2022 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Njoroge holding brief for Karuga for the PlaintiffMeenge for the 2nd DefendantCourt Assistant: Eddel