[2022] KEELC 3383 (KLR)
The court determined that since the appellant and the first respondent had filed their submissions and the 2nd respondent had been properly served, there was no justifiable reason to delay the fixing of a judgment date. The absence of the appellant's advocate and the 2nd respondent, or their failure to file...
Source-derived case information.
- Citation
- [2022] KEELC 3383 (KLR)
- Parties
- Appellant: Shukri Ismail Jama; Respondent: Hassan Boru; Respondent: Isiolo County Government
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 10 of 2021
- Procedural Posture
- Environment and Land Appeal / Ruling on Fixing Judgment Date
- Outcome
- Judgment date fixed; directions for service of orders issued.
- Judges
- PM Njoroge
- Legal Topics
- Service of Orders, Fixing Judgment Date
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shukri Ismail Jama
Appellant
Hassan Boru
Respondent
Isiolo County Government
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Fixing Judgment Date
Legal Issues
- 1 Whether the absence of the appellant's advocate and the 2nd respondent or their submissions precludes the court from fixing a judgment date.
- 2 Whether proper service of court orders has been effected on all parties.
Ratio Decidendi
The court determined that since the appellant and the first respondent had filed their submissions and the 2nd respondent had been properly served, there was no justifiable reason to delay the fixing of a judgment date. The absence of the appellant's advocate and the 2nd respondent, or their failure to file submissions, did not preclude the court from proceeding. The court further directed that the 1st respondent's advocate serve the orders on the absent parties to ensure procedural fairness and compliance with service requirements.
Court Disposition
Judgment date fixed; directions for service of orders issued.
Orders
- Judgment will be delivered on July 25, 2022.
- The 1st respondent’s advocate, Mr. Ashava, is directed to serve the orders issued by the court today upon the other parties, who are not in court, within 14 days of today.
Full Case Text
Judgment text and source record
20 paragraphs
Jama v Boru & another (Environment and Land Appeal 10 of 2021) [2022] KEELC 3383 (KLR) (31 May 2022) (Ruling)
Neutral citation: [2022] KEELC 3383 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment and Land Appeal 10 of 2021
PM Njoroge, J
May 31, 2022
Between
Shukri Ismail Jama
Appellant
and
Hassan Boru
1st Respondent
Isiolo County Government
2nd Respondent
Ruling
1. It is noted that the appellant’s advocate, Mr. Lakicha, was in court on 23/5/2022 and knew about today’s mention date. There is no explanation regarding why he is not in court. I also note that the 2nd respondent was properly served. It is not represented in court on 31/5/2022. It has not filed written submission.
2. As the appellant and the first respondent have filed submissions, I do not see why a judgement date cannot be fixed.
3. The following orders are hereby issued:a)Judgement will be delivered on July 25, 2022b)The 1st respondent’s advocate, Mr. Ashava, is directed to serve the orders issued by the court today upon the other parties, who are not in court, within 14 days of today.
WRITTEN AND DELIVERED IN OPEN COURT AT ISIOLO THIS 31ST DAY OF MAY, 2022 IN THE PRESENCE OF:Court Assistant – DengeAshava present for the 1st respondentHON. JUSTICE. P. M. NJOROGEJUDGE