[2022] KEELC 3117 (KLR)
The court found that since all parties had filed their submissions, it was appropriate to fix a date for the delivery of the ruling. The applicant's advocate undertook to serve the respondent, who was not present and is self-represented, with the date for delivery of the ruling. The court therefore issued directions...
Source-derived case information.
- Citation
- [2022] KEELC 3117 (KLR)
- Parties
- Plaintiff: Guyole Jattani Guyo; Defendant: Qunche Woge Qunche
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 005 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Directions
- Outcome
- Interlocutory directions issued regarding service and ruling date.
- Judges
- PM Njoroge
- Legal Topics
- Service of Process, Court Submissions, Ruling Delivery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Guyole Jattani Guyo
Plaintiff
Qunche Woge Qunche
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Directions
Legal Issues
- 1 Whether the respondent has been properly served with the date for delivery of the ruling.
- 2 Whether the court should issue directions regarding service and the date for ruling delivery.
Ratio Decidendi
The court found that since all parties had filed their submissions, it was appropriate to fix a date for the delivery of the ruling. The applicant's advocate undertook to serve the respondent, who was not present and is self-represented, with the date for delivery of the ruling. The court therefore issued directions requiring the applicant's advocate to serve the respondent within seven days and fixed the date for the ruling. This ensures procedural fairness and compliance with the rules of service.
Court Disposition
Interlocutory directions issued regarding service and ruling date.
Orders
- Mr. Misati, as he has undertaken to do, to serve the date fixed for delivery of the ruling upon the respondent within 7 days of today.
- Ruling to be delivered on 4/7/2022.
Full Case Text
Judgment text and source record
17 paragraphs
Guyo v Qunche (Environment & Land Case 005 of 2021) [2022] KEELC 3117 (KLR) (30 May 2022) (Ruling)
Neutral citation: [2022] KEELC 3117 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case 005 of 2021
PM Njoroge, J
May 30, 2022
Between
Guyole Jattani Guyo
Plaintiff
and
Qunche Woge Qunche
Defendant
Ruling
1. On 30/5/2022, the Respondent did not come to Court. Mr. Misati, the Applicant’s advocate told the Court that as all parties had filed submissions, the Court could fix a date for the Ruling. He undertook to serve the Respondent who represents himself in person.
2. The following orders are issued:a.Mr. Misati, as he has undertaken to do, to serve the date fixed for delivery of the ruling upon the Respondent within 7 days of today.b.Ruling on 4/7/2022.
WRITTEN AND DELIVERED IN COURT AT ISIOLO THIS 30TH DAY OF MAY, 2022 IN THE PRESENCE OF:Court Assistant: DengeMisati for the ApplicantRespondent not in court.HON. JUSTICE P. M. NJOROGEJUDGE