[2019] KEELC 2255 (KLR)
The court found that the objection raised by the 3rd defendant to the production of documents by the Chief Officer Lands was unsubstantiated, as no specific prejudice to the 3rd defendant was demonstrated. The court emphasized the necessity of having up-to-date information regarding the status of the suit property,...
Source-derived case information.
- Citation
- [2019] KEELC 2255 (KLR)
- Parties
- Plaintiff: Kariobangi Sewage Farmers Self Help Group; Defendant: Nairobi City Council; Defendant: Merab Anyango Poche; Defendant: Kariobangi North Light Industries Jua Kali Association
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1680 of 1999
- Procedural Posture
- Civil Case / Interlocutory Ruling on Admissibility of Evidence
- Outcome
- Objection to production of documents dismissed; witness allowed to produce records.
- Judges
- LC Komingoi
- Legal Topics
- Admissibility of Evidence, Production of Documents, Status of Suit Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kariobangi Sewage Farmers Self Help Group
Plaintiff
Nairobi City Council
Defendant
Merab Anyango Poche
Defendant
Kariobangi North Light Industries Jua Kali Association
Defendant
Procedural Posture
Civil Case / Interlocutory Ruling on Admissibility of Evidence
Legal Issues
- 1 Whether the Chief Officer Lands, Nairobi City County, should be allowed to produce records pertaining to the current status of the suit property.
- 2 Whether the objection to the production of documents by the 3rd defendant has merit.
Ratio Decidendi
The court found that the objection raised by the 3rd defendant to the production of documents by the Chief Officer Lands was unsubstantiated, as no specific prejudice to the 3rd defendant was demonstrated. The court emphasized the necessity of having up-to-date information regarding the status of the suit property, given the long pendency of the case since 1999. In the interest of justice and to enable the court to make informed final orders, the court exercised its discretion to allow the witness to produce the relevant documents. The objection was dismissed, and the production of documents was permitted.
Court Disposition
Objection to production of documents dismissed; witness allowed to produce records.
Orders
- The objection by the 3rd defendant to the production of documents is dismissed.
- The Chief Officer Lands, Nairobi City County, is allowed to produce records pertaining to the current status of the suit property.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC CIVIL CASE NO. 1680 OF 1999
KARIOBANGI SEWAGE FARMERS SELF HELP GROUP...........PLAINTIFF
=VERSUS=
NAIROBI CITY COUNCIL.......................................................1ST DEFENDANT
MERAB ANYANGO POCHE...................................................2ND DEFENDANT
KARIOBANGI NORTH LIGHT INDUSTRIES
JUA KALI ASSOCIATION.......................................................3RD DEFENDANT
RULING
1. I have gone through the court record. The same is clear. On the 18th December 2018, Mrs. Gulenywa for the plaintiff sought summons to be issued to the Chief Officer Lands, Nairobi City County to attend court to produce some records. Mr. Rigoro for Odhiambo for the 1st defendant and Mr. Wafula for the 3rd defendant were present. They told the court they had no objection to the issuance of the said sum`ons. The court then issued summons to the said Chief Officer Lands. He has come to court with records pertaining to the current status of the suit property.
2. It should be noted that this suit was filed in 1999. A lot has happened since then. The court needs to be informed of the current status of the suit property before making final orders.
3. It is in the interest of justice that I allow the witness to produce the documents. Mr. Wafula has not told the court how this will prejudice his client. I find no merit in this objection and the same is dismissed.
It is so ordered.
Dated, signed and delivered in Nairobi on this 4TH day of JULY 2019.
............................
L. KOMINGOI
JUDGE
In the presence of:-
Mrs
Gulenywa advocate for the Plaintiff
Mr. Odhiambo advocate for the 1st Defendant
Mr. Wafula advocate for the 3rd defendant
Kajuju - Court Assistant