[2019] KEELC 3475 (KLR)
The court found that, given the circumstances and to expedite the hearing and determination of the suit, strict compliance with Order 11 Rule 1 of the Civil Procedure Rules was unnecessary. The court exercised its discretion to exempt the parties from full compliance, noting that the 1st defendant was unrepresented...
Source-derived case information.
- Citation
- [2019] KEELC 3475 (KLR)
- Parties
- Plaintiff: Julia Mugure (suing as the administratrix of the estate of the late Wilfred Njagi Kiragu deceased); Defendant: Benjamin Collins Mati; Defendant: Gerrad Nyangi Wilson
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 14 of 2018
- Procedural Posture
- Miscellaneous Application / Pre Trial Directions; Compliance With Order 11 CPR
- Outcome
- Exemption from full compliance with Order 11 Rule 1 CPR granted; suit set for hearing.
- Judges
- FM Njoroge
- Legal Topics
- Adverse Possession, Land Registration, Limitation of Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julia Mugure (suing as the administratrix of the estate of the late Wilfred Njagi Kiragu deceased)
Plaintiff
Benjamin Collins Mati
Defendant
Gerrad Nyangi Wilson
Defendant
Procedural Posture
Miscellaneous Application / Pre Trial Directions; Compliance With Order 11 CPR
Legal Issues
- 1 Whether the parties have complied with Order 11 of the Civil Procedure Rules.
- 2 Whether to exempt full compliance with Order 11 Rule 1 to expedite hearing.
Ratio Decidendi
The court found that, given the circumstances and to expedite the hearing and determination of the suit, strict compliance with Order 11 Rule 1 of the Civil Procedure Rules was unnecessary. The court exercised its discretion to exempt the parties from full compliance, noting that the 1st defendant was unrepresented and had attempted compliance in lay terms. The overriding objective of the Civil Procedure Rules is to facilitate the just, expeditious, proportionate, and affordable resolution of civil disputes. Therefore, the court directed that the matter proceed to hearing on a set date without further delay.
Court Disposition
Exemption from full compliance with Order 11 Rule 1 CPR granted; suit set for hearing.
Orders
- Full compliance with Order 11 Rule 1 of the Civil Procedure Rules is exempted.
- The suit will be heard on 8.7.2019.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 14 OF 2018 (OS)
IN THE MATTER OF THE REGISTRATION OF LANDS ACT NO. 3 OF 2012 SECTION 28(H)
AND IN THE MATTER OF ORDER 37 RULE 7 CIVIL PROCEDURE RULES
AND IN THE MATTER OF SECTION 38 OF THE LAW OF LIMITATION OF ACTIONS ACT CHAPTER 22 LAWS F KENYA AND
IN THE MATTER OF AN APPLICATION BY NJERU PHILIP NJOKA THAT THE COURT DO MAKE A DECLARATION THAT HE IS ENTITLED TO 2. 01 ACRES OF LR: MAGUMONI/MUKUUNI/303 UNDER THE DOCTRINE OF ADVERSE POSSESSION AND
IN THE MATTER OF AN APPLICATION BY NJERU PHILIP NJOKA THAT HE BE REGISTERED WITH 2. 01 ACRES OUT OF LR:MAGUMONI/MUKUUNI/303 WHICH HE HAS ACQUIRED UNDER THE DOCTRINE OF ADVERSE POSSESSION
JULIA MUGURE (suing as the administratrix of the
estate of the late Wilfred Njagi Kiragu deceased)...............................PLAINTIFF
VERSUS
BENJAMIN COLLINS MATI...................................................1ST DEFENDANT
GERRAD NYANGI WILSON..................................................2ND DEFENDANT
RULING
1. In this matter, it is clear that the parties have not fully complied with order 11, CPR. The 1st defendant who is not represented by an advocate has called his compliance documents “DEFENCE PAPERS.” He is a lay man.
2. Upon consideration of the totality of the circumstances of this case, and to expedite hearing and determination of this suit, full compliance is in accordance with order 11 Rule 1 of the Civil Procedure Rules exempted.
3. The suit will be heard on 8. 7.2019.
4. It is so ordered.
Delivered in open court at Chuka this 6th day of May, 2019 in the presence of:
CA: Ndegwa
Kaimenyi h/b I.C. Mugo for the Plaintiff/Applicant
J. Mwiti h/b Andande for the 2nd Defendant
Benjamin Mati – 1st defendant
P. M. NJOROGE
JUDGE