[2022] KEELC 3517 (KLR)
The Plaintiffs failed to file witness statements and did not attend the trial, resulting in no evidence being adduced in support of their claim. The court held that the burden of proof rests on the Plaintiffs, and in the absence of evidence, the Plaintiffs did not prove their case on a balance of probabilities....
Source-derived case information.
- Citation
- [2022] KEELC 3517 (KLR)
- Parties
- Plaintiff: Hassan Idii Malambu; Plaintiff: Ali Kolela Montet; Defendant: Bestel Agencies Company Limited; Defendant: Azelia Investments Company Limited; Defendant: Land Registrar, Kajiado North Registry
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 102 of 2018
- Procedural Posture
- Civil Suit / Ruling
- Outcome
- Plaintiffs' suit dismissed with costs to the Defendants.
- Judges
- MN Gicheru
- Legal Topics
- Burden of Proof, Failure to Prosecute, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassan Idii Malambu
Plaintiff
Ali Kolela Montet
Plaintiff
Bestel Agencies Company Limited
Defendant
Azelia Investments Company Limited
Defendant
Land Registrar, Kajiado North Registry
Defendant
Procedural Posture
Civil Suit / Ruling
Legal Issues
- 1 Whether the Plaintiffs proved their case on a balance of probabilities.
- 2 Whether the absence of witness statements and failure to produce evidence formally is fatal to the Plaintiffs' case.
Ratio Decidendi
The Plaintiffs failed to file witness statements and did not attend the trial, resulting in no evidence being adduced in support of their claim. The court held that the burden of proof rests on the Plaintiffs, and in the absence of evidence, the Plaintiffs did not prove their case on a balance of probabilities. Consequently, the suit was dismissed with costs to the Defendants.
Court Disposition
Plaintiffs' suit dismissed with costs to the Defendants.
Orders
- The Plaintiffs' suit is dismissed.
- Costs awarded to the Defendants.
Full Case Text
Judgment text and source record
26 paragraphs
Malambu & another (Suing as the Administrator of the Estate of Amina Naanyu Malambu) v Bestel Agencies Company Limited & 2 others (Civil Suit 102 of 2018) [2022] KEELC 3517 (KLR) (16 May 2022) (Ruling)
Neutral citation: [2022] KEELC 3517 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Civil Suit 102 of 2018
MN Gicheru, J
May 16, 2022
Between
Hassan Idii Malambu
1st Plaintiff
Ali Kolela Montet
2nd Plaintiff
Suing as the Administrator of the Estate of Amina Naanyu Malambu
and
Bestel Agencies Company Limited
1st Defendant
Azelia Investments Company Limited
2nd Defendant
Land Registrar, Kajiado North Registry
3rd Defendant
Ruling
1. This ruling was expected to be a judgment but upon perusal of the record, I find that there was no trial because the pleadings filed by the Plaintiffs were incomplete.
2. On 22nd June, 2018, the Plaintiffs filed the following;a.plaintb.Verifying affidavit.c.Letter of authority signed by Dr. Ali Kolela Montet .d.Undertaking by the Plaintiffs.e.List of witnessesf.Plaintiffs list of documents containing 8 documents.They did not file any witness statement.
3. On the date set for trial, the 28th of February, 2022, the Plaintiffs did not turn up. The Court deemed their case as closed. The Defendants case was also deemed as closed.
4. After retiring to consider the Plaintiffs’ evidence vis a vis the Defendants’, I found no evidence adduced by the Plaintiff. I did not deem it necessary to even consider the material filed by the Defendants because the burden was on the Plaintiffs to preponderate their case on a margin of probabilities.Owing to the inadequacy of the Plaintiffs’ case due to the absence of the witness statements and failure to produce the available material formally, I find that the Plaintiffs’ case is not proved to the required standard.I dismiss the Plaintiffs’ suit with costs to the Defendants.
DATED SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 16TH DAY OF MAY, 2022. M.N. GICHERUJUDGE