[2016] KEELC 316 (KLR)
The court found itself unable to comprehend or determine the application dated 10 December 2015 due to the absence of a properly reconstructed court file. The judge noted that the documents available were insufficient to establish the nature and status of the pleadings, including the plaint and defence. As a result,...
Source-derived case information.
- Citation
- [2016] KEELC 316 (KLR)
- Parties
- Plaintiff: Leah Wangui Mburu; Defendant: Michael W. Githumbi; Defendant: John Gitonga; Defendant: Nuclear Investments Company Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 356 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Reconstruction of Court File
- Outcome
- Application not determined; direction issued for reconstruction of court file.
- Judges
- MA Silau
- Legal Topics
- Reconstruction of Court File, Missing Court Records, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Leah Wangui Mburu
Plaintiff
Michael W. Githumbi
Defendant
John Gitonga
Defendant
Nuclear Investments Company Limited
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Reconstruction of Court File
Legal Issues
- 1 Whether the court can proceed to rule on the application dated 10 December 2015 in the absence of a properly reconstructed court file.
- 2 What steps should be taken to enable the court to effectively address the pending application.
Ratio Decidendi
The court found itself unable to comprehend or determine the application dated 10 December 2015 due to the absence of a properly reconstructed court file. The judge noted that the documents available were insufficient to establish the nature and status of the pleadings, including the plaint and defence. As a result, the court held that it would be improper and procedurally unsound to proceed with the application in the absence of a complete record. The court therefore directed the plaintiff to take steps to reconstruct the file within 30 days to enable the court to address the pending application effectively.
Court Disposition
Application not determined; direction issued for reconstruction of court file.
Orders
- The plaintiff is directed to file a properly reconstructed court file within 30 days.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
HCC 356 OF 2010
LEAH WANGUI MBURU ……....……….………PLAINTIFF
VERSUS
MICHAEL W. GITHUMBI ……………..1ST DEFENDANT
JOHN GITONGA ……….…..…………….2ND DEFENDANT
NUCLEAR INVESTMENTS COMPANY ……………………………..……..LIMITED 3RD DEFENDANT
RULING
1. I was today meant to deliver a ruling on the application dated 10 December 2015. The same was argued on 22 September 2016. I have however not been able to make a ruling since I am unable to comprehend what exactly is before this court. It appears as if the original court file got lost and there was attempt at reconstruction. But what I have before me are documents which cannot lead me to know what and where the plaint is or other pleadings such as defence etc.
2. I am of the view that the parties first need to file a properly reconstructed file before I can deal effectively with the application of 10 December 2015.
3. I direct the plaintiff to comply with the above within 30 days.
4. It is so directed.
Dated, signed and delivered in open court at Nakuru this 13th day of October 2016.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU
In presence of :-
Ms. Ndungu for plaintiff
Mr. Kariuki for 2nd defendant/applicant
Ms. Chepngetich holding brief for Mr. Kabathi for 3rd defendant.
No appearance on part of 1st defendant
Court Assistant : Janet
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU