[2023] KEELC 19309 (KLR)
The court declined to grant a further adjournment to the 2nd and 3rd defendants because the reasons advanced were identical to those already considered and rejected earlier the same day. The court found no justification to revisit the issue. Regarding the plaintiff's supplementary list of documents dated May 17,...
Source-derived case information.
- Citation
- [2023] KEELC 19309 (KLR)
- Parties
- Plaintiff: Idow Trading Compnay Limited; Defendant: Mohammed Jimale; Defendant: Osman Ali Mohammed; Defendant: City Council Of Nairobi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 63 of 2008
- Procedural Posture
- Environment and Land Case / Ruling on Adjournment and Closure of Defence Cases
- Outcome
- Adjournment denied; defences of 2nd and 3rd defendants marked as closed; supplementary documents disregarded.
- Judges
- LN Mbugua
- Legal Topics
- Adjournment of Hearing, Admissibility of Documents, Closure of Case, Absence of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Idow Trading Compnay Limited
Plaintiff
Mohammed Jimale
Defendant
Osman Ali Mohammed
Defendant
City Council Of Nairobi
Defendant
Procedural Posture
Environment and Land Case / Ruling on Adjournment and Closure of Defence Cases
Legal Issues
- 1 Whether further adjournment should be granted to the 2nd and 3rd defendants.
- 2 Whether the supplementary list of documents filed by the plaintiff on May 17, 2023 should be considered.
Ratio Decidendi
The court declined to grant a further adjournment to the 2nd and 3rd defendants because the reasons advanced were identical to those already considered and rejected earlier the same day. The court found no justification to revisit the issue. Regarding the plaintiff's supplementary list of documents dated May 17, 2023, the court held that since the plaintiff's case had already been closed and the evidence to be considered was given in 2018, the supplementary documents could not be introduced or considered at this stage. Consequently, the defences of the 2nd and 3rd defendants were marked as closed due to their absence and lack of witnesses, and the supplementary documents were deemed...
Court Disposition
Adjournment denied; defences of 2nd and 3rd defendants marked as closed; supplementary documents disregarded.
Orders
- The defence of the 2nd and 3rd defendants is hereby marked as closed.
- No further adjournment is granted.
Full Case Text
Judgment text and source record
24 paragraphs
Idow Trading Compnay Limited v Jimale & 2 others (Environment & Land Case 63 of 2008) [2023] KEELC 19309 (KLR) (7 June 2023) (Ruling)
Neutral citation: [2023] KEELC 19309 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 63 of 2008
LN Mbugua, J
June 7, 2023
Between
Idow Trading Compnay Limited
Plaintiff
and
Mohammed Jimale
1st Defendant
Osman Ali Mohammed
2nd Defendant
City Council Of Nairobi
3rd Defendant
Ruling
1. This court pronounced itself on the issue of adjournment this morning, and the reasons being advanced now (11. 20 am) are the same ones advanced before this court in the morning during virtual platform around 9. 00 am or thereabout. Thus I need not rehash the ruling delivered earlier on.
2. The court had however reserved the issue of plaintiffs’ documents, of which directions were to be given in open court.
3. The documents being referred to are apparently dated May 17, 2023 contained in a supplementary list filed by the plaintiffs.
4. However, the plaintiff’s case has been closed without any reference to those documents as the evidence to be considered was given way back on September 26, 2018. In the circumstances, the court need not give any directions in regard to the said list, save to state that the said list has no bearing on the case.
5. The 2nd defendant and 3rd defendant are absent on this date of hearing. They also have no witnesses in court. The court has declined to grant any further adjournment. In the circumstances, the defence of 2nd and 3rd defendants are hereby marked as Closed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 7THDAY OF JUNE, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:Anzala for plaintiffPlaintiffsMugo holding brief for Mrs. Wambugu for 2nd defendant and holding brief for Macharia for 3rd Defendant.Macharia for 3rd DefendantCourt assistant: KajujuELC CASE NO. 63 OF 2008 (1STRuling ) Page 2 of 2