[2023] KEELC 20812 (KLR)
The court held that the objection by the 3rd defendant regarding the production of the valuation report was misplaced because such objections should be raised during the pretrial stage, as stipulated by the relevant practice directions. The court emphasized that pretrial directions had already been conducted on...
Source-derived case information.
- Citation
- [2023] KEELC 20812 (KLR)
- Parties
- Plaintiff: Raphael Wanjohi Gikunju; Defendant: Jacinta Njeri t/a Munjethi Investments; Defendant: Gatundu Mang'u Farm Company Limited; Defendant: Kenya Urban Roads Authority
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 411 of 2018
- Procedural Posture
- Environment and Land Case / Ruling on Objection to Production of Valuation Report
- Outcome
- Objection dismissed.
- Judges
- LN Mbugua
- Legal Topics
- Pretrial Objections, Production of Documents, Practice Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raphael Wanjohi Gikunju
Plaintiff
Jacinta Njeri t/a Munjethi Investments
Defendant
Gatundu Mang'u Farm Company Limited
Defendant
Kenya Urban Roads Authority
Defendant
Procedural Posture
Environment and Land Case / Ruling on Objection to Production of Valuation Report
Legal Issues
- 1 Whether an objection to the production of a valuation report should be sustained when not raised during pretrial.
- 2 Whether objections to document production must be raised at the pretrial stage as per practice directions.
Ratio Decidendi
The court held that the objection by the 3rd defendant regarding the production of the valuation report was misplaced because such objections should be raised during the pretrial stage, as stipulated by the relevant practice directions. The court emphasized that pretrial directions had already been conducted on multiple occasions, providing ample opportunity for any objections to be raised. The court relied on both statutory provisions and case law to reinforce that the pretrial process is the appropriate forum for resolving such procedural issues, and that raising them at the hearing stage undermines the efficiency and purpose of pretrial management. Consequently, the objection was...
Court Disposition
Objection dismissed.
Orders
- The objection by counsel for the 3rd defendant is dismissed.
Full Case Text
Judgment text and source record
25 paragraphs
Gikunju v Njeri t/a Munjethi Investments & 2 others (Environment & Land Case 411 of 2018) [2023] KEELC 20812 (KLR) (18 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20812 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 411 of 2018
LN Mbugua, J
October 18, 2023
Between
Raphael Wanjohi Gikunju
Plaintiff
and
Jacinta Njeri t/a Munjethi Investments
1st Defendant
Gatundu Mang'u Farm Company Limited
2nd Defendant
Kenya Urban Roads Authority
3rd Defendant
Ruling
2ND Ruling 1. I have considered the objection raised by counsel for the 3rd defendant who prays that the maker of the valuation report should be the one to produce that document.
2. This court makes reference to the provisions of the Civil Procedure Code which gives guidance on conduct of pretrial. The court also makes reference to the case of Virginia Kathambi Maina V. Nicholas Mwatika & others [2021] eKLR where the court had this to say “practice directions acts as a reflux value to facilitate progress and avoid stagnation in resolution of disputes”.
3. The court went ahead to reject on objection raised regarding the production of documents, stating that such an objection ought to have been raised during the pretrial exercise.
4. As already stated in. In an earlier ruling, pretrial directions were conducted on 18. 11. 2020 and on 8. 6.2023. Even on the date of 2. 2.2023 when the matter was listed as a hearing, the court still conducted some form of pretrial exercise.
5. I further make reference to the Practice Directions gazette notice No. 5178 of 25. 7.2014 and the one of 11. 1.2022 gazette notice No. 189 which guides the court on conduct of pretrial. In particular Section 28 (g) of the practice directions of 25. 7.2014 clearly stipulates that the pretrial exercise is the platform upon which objections on production of documents should be conducted.
6. In that regard, the objection raised by counsel for 3rd defendant is dismissed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 18TH DAY OF OCTOBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGE