Hussein Shariff Abdirah v Abdulkadir Shariff Abdirahim [2021] KEELC 246 (KLR)
- Citation
- [2021] KEELC 246 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- Environment and Land Court
- Posture
- Land and Property / Directions Hearing
- Case number
- Environment & Land Case E004 of 2021
- Language
- English
More details
- Court
- Environment and Land Court
- Posture
- Land and Property / Directions Hearing
- Case number
- Environment & Land Case E004 of 2021
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
- Further directions to be taken on 25/1/2022.
02
Material facts
Parties
Hussein Shariff Abdirah
PlaintiffAbdulkadir Shariff Abdirahim
Defendant Counsel: C. Otieno03
Procedural history
Posture
Land and Property / Directions Hearing
04
Questions and positions
Legal issues
- 01
Whether the defendant's advocate complied with the court's previous orders regarding service of orders.
- 02
What directions should be issued in light of non-compliance with prior orders.
Party arguments
- Applicant
- The plaintiff's position is not expressly stated in the ruling, but the plaintiff is affected by the defendant's failure to serve the court orders as previously directed.
- Respondent
- The defendant's advocate had undertaken to serve the orders but failed to do so by the time of the directions hearing. The advocate, through Mr. Ashava holding brief, concurred with the new directions issued by the court.
05
Court’s reasoning
Legal principles
- 01
Order 11 of the Civil Procedure Rules (Kenya)
Parties must comply with court orders and directions, including service of orders as required by procedural rules.
06
Ratio, limits and disposition
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.
- 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.
- Further directions to be taken on 25/1/2022.
Source and reliance status
Environment and Land Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Environment and Land Court
Judgment
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
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