[2016] KEHC 2948 (KLR)
The court exercised its discretion to grant an adjournment due to the absence of the defendant's counsel, with the consent of both parties. Recognizing the potential for an out of court settlement and upon the parties' joint request, the court ordered a site visit to the disputed land, to be conducted by both...
Source-derived case information.
- Citation
- [2016] KEHC 2948 (KLR)
- Parties
- Plaintiff: Lamet Leiyagu; Defendant: The Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 81 of 2006
- Procedural Posture
- Civil Suit / Interlocutory Ruling on Adjournment and Site Visit Directions
- Outcome
- Adjournment granted; site visit ordered; directions scheduled.
- Judges
- FM Njoroge
- Legal Topics
- Adjournment of Hearing, Site Visit Orders, Out of Court Settlement, Disputed Land, Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lamet Leiyagu
Plaintiff
The Hon. Attorney General
Defendant
Procedural Posture
Civil Suit / Interlocutory Ruling on Adjournment and Site Visit Directions
Legal Issues
- 1 Whether to grant an adjournment due to the absence of the defendant's counsel.
- 2 Whether to order a site visit to the disputed land as part of facilitating an out of court settlement.
Ratio Decidendi
The court exercised its discretion to grant an adjournment due to the absence of the defendant's counsel, with the consent of both parties. Recognizing the potential for an out of court settlement and upon the parties' joint request, the court ordered a site visit to the disputed land, to be conducted by both parties in the company of the court's Executive Officer, who is to file a report within 30 days. The plaintiff is to facilitate the arrangements for the visit. Directions on further conduct of the suit were scheduled for a later date.
Court Disposition
Adjournment granted; site visit ordered; directions scheduled.
Orders
- Parties to visit the scene of the disputed land with the court's Executive Officer, who will prepare and file a report within 30 days.
- Plaintiff to facilitate the arrangements for the site visit.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO 81 OF 2006
LAMET LEIYAGU..........................................................PLAINTIFF
VERSUS
THE HON. ATTORNEY GENERAL..........................DEFENDANT
R U L I N G
1. Hearing of the main suit was to take place on 19/09/2016.
2. Mr. Kieti for the Respondent told the Court that the matter was being handled by another State Counsel, Mr. Kiongo, who was indisposed . He sought an adjournment. He intimated that the parties may reach an out of Court settlement.
3. Mr. Abuor, for the Plaintiff, asked the Court to indulge Counsel for the Defendant. In view of the intimation by the Counsel for the Defendant that there was a possibility that the parties may reach an out of Court settlement, he asked the Court to order that the parties do visit the scene of the suitland and report back to Court.
4. Mr. Kieti and Mr. Abuor, in company of this Courts' Executive, Officer agreed to visit the disputed land within a month.
5. I issue the following orders:-
(1) Parties to visit the scene of the disputed land with this Court's Executive Officer who will prepare and file a report within 30 days of today.
(2) As agreed, the Plaintiff to facilitate the apposite
(3) Directions on 09/11/2016
6. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 19TH DAY OF SEPTEMBER, 2016 IN THE PRESENCE OF:-
CA: Daniel/James
Abuor for the Plaintiff
Kieti for the Defendant
P. M. NJOROGE
JUDGE