[2022] KEELC 1698 (KLR)
The court recognized the need to ensure both parties, particularly the unrepresented defendant, understood the procedural requirements. To facilitate fair hearing and compliance, the court directed the applicant to file and serve written submissions on the interlocutory application within seven days, with the...
Source-derived case information.
- Citation
- [2022] KEELC 1698 (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
- Land Case / Interlocutory Application; Directions Before Hearing
- Outcome
- Directions issued for filing submissions and compliance with Order 11 CPR; dates set for further directions and ruling.
- Legal Topics
- Interlocutory Orders, Case Management, Compliance With Civil Procedure Rules
- 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
Land Case / Interlocutory Application; Directions Before Hearing
Legal Issues
- 1 Whether the parties have complied with procedural requirements for the interlocutory application.
- 2 Whether directions should be issued for filing submissions and compliance with Order 11 of the Civil Procedure Rules.
Ratio Decidendi
The court recognized the need to ensure both parties, particularly the unrepresented defendant, understood the procedural requirements. To facilitate fair hearing and compliance, the court directed the applicant to file and serve written submissions on the interlocutory application within seven days, with the respondent to respond within seven days of receipt. Both parties were also ordered to comply with Order 11 of the Civil Procedure Rules within thirty days. The court scheduled further directions to confirm compliance and to rule on the interlocutory application, ensuring the matter proceeds efficiently and justly.
Court Disposition
Directions issued for filing submissions and compliance with Order 11 CPR; dates set for further directions and ruling.
Orders
- Applicant to file and serve written submissions on the application dated 6/7/2021 within 7 days.
- Respondent to file and serve written submissions within 7 days after receipt of applicant's submissions.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE LAND AND ENVIRONMENT COURT AT ISIOLO
ELC CASE NO. 005 OF 2021
GUYOLE JATTANI GUYO.................................................................PLAINTIFF
VERSUS
QUNCHE WOGE QUNCHE............................................................DEFENDANT
RULING
1. There is an interlocutory applications dated 6/7/2021 in addition to the main suit.
2. During directions on 7/2/2022, it became clear that the defendant did not understand the intricacies concerning the Main Suit and the interlocutory application. In view of the fact that the defendant is a lay person and he appears in person, the court took time to explain to him all the issues which he could not understand.
3. I issue the following orders:
a) The applicant is directed to file and serve written submissions concerning the application dated 6/7/2021 within 7 days of today and the respondent is to do so within 7 days after receipt of the applicant’s written submissions.
b) In the meantime, the parties are directed to concurrently fully comply with order 11, CPR, within 30 days of today.
c) Directions will be taken on 28/2/2022 (for Ruling on the application dated 6/7/2021) AND on 16/5/2022 (for confirming compliance with Order 11, CPR).
WRITTEN AND DELIVERED IN OPEN COURT AT ISIOLO THIS 7TH DAY OF FEBRUARY, 2022 IN THE PRESENCE OF:
COURT ASSISTANT: DENGE
MISATI FOR THE PLAINTIFF/APPLICANT
QUNCHE WOGE – DEFENDANT/RESPONDENT
HON. JUSTICE P. M NJOROGE
JUDGE