[2019] KEELC 3025 (KLR)
The court determined that in the interest of justice and procedural fairness, both parties should be allowed to file further affidavits and written submissions regarding the Preliminary Objection and the application. The court exercised its discretion to grant leave for the 1st respondent to introduce proceedings...
Source-derived case information.
- Citation
- [2019] KEELC 3025 (KLR)
- Parties
- Applicant: Gilbert Joseph Kibunja alias Gilbert Joseph Kibunja alias Gilbert Joseph Kabunja; Respondent: The County Government of Tharaka Nithi; Respondent: Land Adjudication and Settlement Office Meru South Sub County
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 2 of 2019
- Procedural Posture
- Miscellaneous Application / Interlocutory Directions on Preliminary Objection and Affidavits
- Outcome
- Interlocutory orders granted for filing of further affidavits and written submissions; directions issued for next steps.
- Judges
- FM Njoroge
- Legal Topics
- Land Adjudication, Preliminary Objection, Affidavit Filing, Ministerial Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gilbert Joseph Kibunja alias Gilbert Joseph Kibunja alias Gilbert Joseph Kabunja
Applicant
The County Government of Tharaka Nithi
Respondent
Land Adjudication and Settlement Office Meru South Sub County
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Directions on Preliminary Objection and Affidavits
Legal Issues
- 1 Whether the 1st respondent should be granted leave to file a further affidavit to introduce proceedings before the Minister.
- 2 Whether the applicant should be granted leave to respond to the Preliminary Objection.
- 3 Whether parties should be allowed to file and exchange written submissions concurrently.
Ratio Decidendi
The court determined that in the interest of justice and procedural fairness, both parties should be allowed to file further affidavits and written submissions regarding the Preliminary Objection and the application. The court exercised its discretion to grant leave for the 1st respondent to introduce proceedings before the Minister and for the applicant to respond, with clear timelines for filing and exchange of documents. The directions ensure both parties have equal opportunity to present their cases before substantive hearing.
Court Disposition
Interlocutory orders granted for filing of further affidavits and written submissions; directions issued for next steps.
Orders
- 1st Respondent granted leave to file and exchange a further affidavit to introduce the proceedings before the Minister within 7 days.
- Applicant granted leave to file a further affidavit in response to the Preliminary Objection within 7 days.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC MISC. APPLICATION CASE NO. 02 OF 2019
GILBERT JOSEPH KIBUNJA ALIAS GILBERT JOSEPH KIBUNJA
ALIAS GILBERT JOSEPH KABUNJA
VERSUS
THE COUNTY GOVERNMENT OF THARAKA NITHI……………….........………1ST RESPONDENT
LAND ADJUDICATION AND SETTLEMENT OFFICE
MERU SOUTH SUB COUNTY……...........................................................................…2ND RESPONDENT
RULING
1. When this matter came up for interpartes hearing on 12. 6.2017, the 1st respondent indicated that he had filed a Preliminary Objection. The applicant applied that he be granted 7 days to respond to the Preliminary Objection. The 1st respondent sought leave to introduce the proceedings before the Minister through a Preliminary Objection.
2. The applicant and the 1st respondent asked the court to allow both the application and the Preliminary Objection be canvassed through written submissions and that this be done simultaneously.
3. It is regretted that the AG, representing the 2nd Respondent, is absent although he was in court on 21st May, 2019 when today’s date was fixed.
4. This court issues the following orders:
1. 1st Respondent granted leave to file and exchange a further affidavit to introduce the proceedings before the Minister within 7 days of today AND the applicant is granted leave to file a further affidavit in response to the Preliminary Objection within 7 days of today.
2. Parties are granted leave to file responses, if necessary, within 14 days of today.
3. Parties are directed to concurrently file and exchange written submissions within 21 days of today.
4. Parties to take directions on 1st of July, 2019.
Delivered in open Court at Chuka this 12th day of June, 2019 in the presence of:
CA: Ndegwa
Mungai for the Applicant
Murango Mwenda for 1st Respondent
P.M. NJOROGE
JUDGE