[2022] KEELC 2580 (KLR)
The court found that the plaintiff had complied with previous orders by including Isiolo County Government in the plaint and effecting substituted service through newspaper advertisement. There was no opposition to the application, and the amendments sought were necessary for the proper determination of the issues...
Source-derived case information.
- Citation
- [2022] KEELC 2580 (KLR)
- Parties
- Plaintiff: Isiolo Printing Press; Defendant: Robe Godana & 3 others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 014 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Application to Amend Plaint and for Substituted Service
- Outcome
- Application allowed; leave to further amend plaint and for substituted service granted.
- Judges
- PM Njoroge
- Legal Topics
- Amendment of Pleadings, Substituted Service, Joinder of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isiolo Printing Press
Plaintiff
Robe Godana & 3 others
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application to Amend Plaint and for Substituted Service
Legal Issues
- 1 Whether the plaintiff should be granted leave to further amend its amended plaint to add the 22nd intended defendant.
- 2 Whether substituted service by advertisement in a daily newspaper should be allowed for the 3rd to 21st defendants.
Ratio Decidendi
The court found that the plaintiff had complied with previous orders by including Isiolo County Government in the plaint and effecting substituted service through newspaper advertisement. There was no opposition to the application, and the amendments sought were necessary for the proper determination of the issues in controversy. The court exercised its discretion to allow the further amendment of the plaint and granted leave for substituted service on the 3rd to 21st defendants by advertisement. The court also directed compliance with Order 11 of the Civil Procedure Rules and set a hearing date for the suit.
Court Disposition
Application allowed; leave to further amend plaint and for substituted service granted.
Orders
- The application dated June 23, 2022 is allowed with no order as to costs.
- The applicant’s advocate is directed to serve the orders issued by this court today upon the other parties.
Full Case Text
Judgment text and source record
20 paragraphs
Isiolo Printing Press v Godana & 3 others (Environment & Land Case 014 of 2021) [2022] KEELC 2580 (KLR) (19 July 2022) (Ruling)
Neutral citation: [2022] KEELC 2580 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case 014 of 2021
PM Njoroge, J
July 19, 2022
Between
Isiolo Printing Press
Plaintiff
and
Robe Godana & 3 others
Defendant
Ruling
1. This application is dated June 23, 2022 and seeks orders:1. That this honourable court be pleased to certify this application as extremely urgent.2. That this honourable court be pleased to grant leave to the plaintiff to further amend its amended plaint to add the 22nd intended defendant as per the annexed draft copy of the further amended plaint annexed hereto.3. That the attached draft further amended plaint be deemed duly filed subject to payment of any and/or further additional fees.4. That this honourable court be pleased to order for substituted service of summons and court process upon the 3rd – 21st defendants by advertisement in any of the daily newspapers with nationwide circulation within 30 days of the date of such order.
2. The application is supported by the affidavit of Michael Ngunjiri, the plaintiff’s advocate and has the following grounds:
3. Mr Charles Muchiri who held brief for the plaintiff’s advocate told the court that following this court’s orders granted on July 4, 2022, the plaintiff had included Isiolo County Government in the plaint and also served concerned parties through substituted service vide an advertisement in the Standard Newspaper of July 15, 2022. For these reasons he requested that the application be formally allowed.
4. I issue the following orders:
a)The application dated June 23, 2022 is allowed with no order as to costs.b)The applicant’s advocate is directed to serve the orders issued by this court today upon the other parties.c)Parties are granted 30 days to concurrently fully comply with order 11 of the Civil Procedure Rules.d)The suit will be heard on November 7, 2022.
DELIVERED IN OPEN COURT AT ISIOLO ON 19TH DAY OF JULY, 2022 IN THE PRESENCE OF:Court Assistant: BaloziHON MR JUSTICE PM NJOROGEJUDGE