[2019] KEELC 462 (KLR)
The court found that the appellant had complied with the previous order enlarging time to file and serve the appeal documents. In the absence of opposition from the respondent, and upon request by the appellant's advocate, the court exercised its discretion to direct that the appeal be heard by way of written...
Source-derived case information.
- Citation
- [2019] KEELC 462 (KLR)
- Parties
- Applicant: Margaret Kanini Murage; Respondent: Kinyua Murage
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 06 of 2019
- Procedural Posture
- Miscellaneous Application / Directions After Enlargement of Time for Appeal
- Outcome
- Directions issued for hearing of appeal by written submissions; miscellaneous application closed.
- Legal Topics
- Enlargement of Time, Appeal Procedure, Written Submissions, Directions on Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Kanini Murage
Applicant
Kinyua Murage
Respondent
Procedural Posture
Miscellaneous Application / Directions After Enlargement of Time for Appeal
Legal Issues
- 1 Whether the court should issue directions for the hearing of the appeal by way of written submissions.
- 2 Whether the parties complied with the previous order enlarging time for filing the appeal.
Ratio Decidendi
The court found that the appellant had complied with the previous order enlarging time to file and serve the appeal documents. In the absence of opposition from the respondent, and upon request by the appellant's advocate, the court exercised its discretion to direct that the appeal be heard by way of written submissions. The court further set timelines for the filing and exchange of submissions and scheduled a mention date for further directions. The miscellaneous application was confirmed as closed, having served its purpose.
Court Disposition
Directions issued for hearing of appeal by written submissions; miscellaneous application closed.
Orders
- The appeal will be heard by way of written submissions with the appellant filing and serving written submissions within 21 days of 9th December, 2019.
- The respondent to file and serve written submissions within 21 days after receipt of the appellant’s written submissions.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC MISCELLANEOUS APPLICATION CASE NO. 06 OF 2019
MARGARET KANINI MURAGE ..... APPLICANT
VERSUS
KINYUA MURAGE........................RESPONDENT
RULING
1. On 5th November, 2019, this court delivered a ruling which enlarged time for the appellant to file his appeal. The appellant was directed to file apposite appeal documents and serve them upon the respondent within 30 days of 5th November, 2019.
2. On 9th December, 2019, it was confirmed that the appellant had filed and served apposite documents. On 9th December, 2019, today, advocate Kirimi Muturi, holding brief for Mrs. Ntarangwi, the appellant’s advocate, asked the court to issue directions that this appeal be canvassed by way of written submissions.
3. The following directions are issued:
i. The appeal will be heard by way of written submissions with the appellant filing and serving written submissions within 21 days of today and the respondent to do so within 21 days after receipt of the appellant’s written submissions.
ii. Parties are directed to come to court for apposite directions on 25. 2.2020.
iii. Miscellaneous Application No. 6 of 2019 is confirmed closed.
4. Orders accordingly
Delivered in Chambers at Chuka this 9th day of December, 2019 in the presence of:
CA: Ndegwa
Kirimi Muturi h/b Mrs Ntarangwi for the Appellant
Respondent and his advocate Absent
P. M. NJOROGE,
JUDGE.