[2017] KEELC 1418 (KLR)
The court found that neither party nor their advocates appeared for directions as previously agreed, indicating a lack of interest in expeditious hearing. To remedy this and ensure compliance with procedural requirements, the court ordered both parties to comply with Order 11 of the Civil Procedure Rules within...
Source-derived case information.
- Citation
- [2017] KEELC 1418 (KLR)
- Parties
- Plaintiff: Irvine Mwenda Japhet; Defendant: M’Kanga M’Rwito Kanyinyiro
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 212 of 2017
- Procedural Posture
- Land and Property Suit / Pre Trial Directions
- Outcome
- Directions issued for compliance with pre-trial procedures; matter set for further directions.
- Judges
- FM Njoroge
- Legal Topics
- Case Management, Pre Trial Directions, Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Irvine Mwenda Japhet
Plaintiff
M’Kanga M’Rwito Kanyinyiro
Defendant
Procedural Posture
Land and Property Suit / Pre Trial Directions
Legal Issues
- 1 Whether the parties have complied with pre-trial procedures as required by Order 11 of the Civil Procedure Rules.
- 2 What directions should the court give to ensure expeditious hearing of the suit.
Ratio Decidendi
The court found that neither party nor their advocates appeared for directions as previously agreed, indicating a lack of interest in expeditious hearing. To remedy this and ensure compliance with procedural requirements, the court ordered both parties to comply with Order 11 of the Civil Procedure Rules within specified timelines. The plaintiff must comply within 7 days, and the defendant within 7 days after receiving the plaintiff's documents. Failure to comply will result in the court issuing appropriate orders. The court also set a date for further directions.
Court Disposition
Directions issued for compliance with pre-trial procedures; matter set for further directions.
Orders
- The plaintiff is ordered to fully comply with Order 11, Civil Procedure Rules within 7 days of the ruling date.
- The defendant is required to fully comply with Order 11, Civil Procedure Rules within 7 days after receipt of the plaintiff’s compliance documents.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 212 OF 2017
IRVINE MWENDA JAPHET…..………………PLAINTIFF
VERSUS
M’KANGA M’RWITO KANYINYIRO..…….. DEFENDANT
RULING
1. It is apparent that the parties in this suit are not interested in having the suit heard expeditiously.
2. On 19. 9.2017, the advocates agreed to come to court for directions on 20. 10. 2017. They did not turn up. The parties were also not in court.
3. I find it necessary to give directions which will allow the court to handle this matter expeditiously.
4. The plaintiff is ordered to fully comply with order 11, CPR within 7 days of today. The defendant is required to fully comply with order 11, CPR within 7 days after receipt of the plaintiff’s compliance documents. If there is non-compliance with this order, the court will make appropriate orders.
5. Parties will take directions on 13. 11. 2017.
6. It is so ordered
Delivered in open court at Chuka this 24th day of October, 2017
in the presence of:
CA: Ndegwa
Parties not present
P.M. NJOROGE
JUDGE