[2021] KEELC 246 (KLR)
The court found that the defendant's advocate failed to comply with its previous order to serve the court orders on the plaintiff's advocate. As a result, the court could not proceed with further directions. To remedy this, the court ordered both parties to comply with Order 11 of the Civil Procedure Rules within 30...
Source-derived case information.
- Citation
- [2021] KEELC 246 (KLR)
- Parties
- Plaintiff: Hussein Shariff Abdirah; Defendant: Abdulkadir Shariff Abdirahim
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E004 of 2021
- Procedural Posture
- Land and Property / Directions Hearing
- Outcome
- Directions issued for compliance and service of orders; further directions scheduled.
- Legal Topics
- Compliance With Court Orders, Service of Orders, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Hussein Shariff Abdirah
Plaintiff
Abdulkadir Shariff Abdirahim
Defendant
Procedural Posture
Land and Property / Directions Hearing
Legal Issues
- 1 Whether the defendant's advocate complied with the court's previous orders regarding service of orders.
- 2 What directions should be issued in light of non-compliance with prior orders.
Ratio Decidendi
The court found that the defendant's advocate failed to comply with its previous order to serve the court orders on the plaintiff's advocate. As a result, the court could not proceed with further directions. To remedy this, the court ordered both parties to comply with Order 11 of the Civil Procedure Rules within 30 days and directed the defendant's advocate to serve the orders issued by the court within 10 days. The matter was set for further directions on a specified date, with the concurrence of the advocates present.
Court Disposition
Directions issued for compliance and service of orders; further directions scheduled.
Orders
- Parties to concurrently comply with Order 11 of the Civil Procedure Rules within 30 days.
- The defendant’s advocate to serve upon the plaintiff’s advocate the orders issued by the court within 10 days.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT ISIOLO
ELCC NO. E004 OF 2021
HUSSEIN SHARIFF ABDIRAH.......................................PLAINTIFF
VERSUS
ABDULKADIR SHARIFF ABDIRAHIM....................DEFENDANT
RULING
1. This matter came up for directions on 20/12/2021. Contrary to orders issued by this court on 1/11/2021, the defendant’s advocate as he had undertaken, had not served the orders issued by the court. For this reason, further directions could not be issued.
2. It is ordered as follows:
a) Parties to concurrently comply with order 11 of the Civil Procedure Rules within 30 days of today.
2. The defendant’s advocate, as he has undertaken, to serve upon the plaintiff’s advocate the orders issued by the court today within 10 days of today.
3. With concurrence of Mr. Ashava, who is the advocate holding brief for Mr. Calvin Otieno, the defendant’s advocate, DIRECTIONS on 25/1/2022.
WRITTEN AND DELIVERED IN COURT THIS 20TH DAY OF DECEMBER, 2021 IN THE PRESENCE OF:
Court Assistant: Denge
Ashava h/b C. Otieno for the defendants.
HON. JUSTICE P. M. NJOROGE
ELC JUDGE, ISIOLO