https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2913
Because the physical file and CTS records did not show service of the application on the respondents, the court declined to presume service and deferred the scheduled ruling until proof of service is filed.
Source-derived case information.
- Citation
- [2026] KEELC 2913 (KLR)
- Parties
- Plaintiff: Khadija Mohamed; Defendant: Amina Thube & another
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case 1 of 2013
- Procedural Posture
- Environment and Land Case / Directions
- Outcome
- Ruling deferred.
- Judges
- ["FM Njoroge"]
- Legal Topics
- Service of Application, Inter Partes Hearing, Proof of Service, Deferral of Ruling
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Khadija Mohamed
Plaintiff
Amina Thube & another
Defendant
Procedural Posture
Environment and Land Case / Directions
Legal Issues
- 1 Whether there was proof of service of the application dated 23rd February 2026 on the respondents.
- 2 Whether the court could proceed to issue the scheduled ruling without evidence of service.
Ratio Decidendi
Because the physical file and CTS records did not show service of the application on the respondents, the court declined to presume service and deferred the scheduled ruling until proof of service is filed.
Court Disposition
Ruling deferred.
Orders
- The ruling scheduled for 14th May 2026 is deferred.
- Issuance of a new ruling date will await proof of service of the application.
Full Case Text
Judgment text and source record
1 paragraphs
Mohamed v Thube & another (Environment and Land Case 1 of 2013) [2026] KEELC 2913 (KLR) (14 May 2026) (Directions) Neutral citation: [2026] KEELC 2913 (KLR) Republic of Kenya In the Environment and Land Court at Malindi Environment and Land Case 1 of 2013 FM Njoroge, J May 14, 2026 Between Khadija Mohamed Plaintiff and Amina Thube & another Defendant Directions 1.The application dated 23rd February 2026 was, according to limb no 2 of the raft of orders issued on 3/3/2026, to be served upon all the respondents and an affidavit of service filed, to pave way for its inter partes hearing. Both the physical record and the CTS records relating to this file do not evince any service on the respondents. Consequently, this court is not in a position to presume that the same has been served, and, on that basis, issue a ruling as scheduled. The ruling scheduled for today 14th May 2026 is therefore deferred and the issuance of new ruling date will await proof of service of the application. The matter shall be mentioned on 19th May 2026 for issuance of a new ruling date. DATED, SIGNED AND DELIVERED AT MALINDI ON THIS 14TH MAY 2026.MWANGI NJOROGEJUDGE, ELC MALINDI.