[2022] KEELC 2011 (KLR)
The withdrawal of the related appellate suit (Court of Appeal No. 205 of 2019 at Nyeri) removed any impediment to the hearing of the present suit. The court, exercising its case management powers, directed the plaintiff to serve hearing dates on absent defendants and fixed the matter for hearing by consent of the...
Source-derived case information.
- Citation
- [2022] KEELC 2011 (KLR)
- Parties
- Plaintiff: Marryann Mohamed Cheabril (Suing as the Administrator of the Estate of Asha Jabril Mohamed - Deceased); Defendant: Michael Koome Mburuu; Defendant: Isiolo County Government; Defendant: Jediel Kirimi Rutere
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 001 of 2021
- Procedural Posture
- Land and Environment Case / Pre Trial Directions and Fixing of Hearing Date
- Outcome
- Directions issued for service and hearing; suit to proceed to hearing on scheduled dates.
- Legal Topics
- Suit Withdrawal, Fixing Hearing Date, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marryann Mohamed Cheabril (Suing as the Administrator of the Estate of Asha Jabril Mohamed - Deceased)
Plaintiff
Michael Koome Mburuu
Defendant
Isiolo County Government
Defendant
Jediel Kirimi Rutere
Defendant
Procedural Posture
Land and Environment Case / Pre Trial Directions and Fixing of Hearing Date
Legal Issues
- 1 Whether the withdrawal of Court of Appeal No. 205 of 2019 at Nyeri clears the way for the hearing of the present suit.
- 2 What directions should be issued to ensure expeditious hearing of the matter.
Ratio Decidendi
The withdrawal of the related appellate suit (Court of Appeal No. 205 of 2019 at Nyeri) removed any impediment to the hearing of the present suit. The court, exercising its case management powers, directed the plaintiff to serve hearing dates on absent defendants and fixed the matter for hearing by consent of the parties, thereby facilitating the expeditious determination of the dispute.
Court Disposition
Directions issued for service and hearing; suit to proceed to hearing on scheduled dates.
Orders
- The plaintiff’s advocate is directed to serve the hearing date fixed by the court today upon all the absent defendants within 14 days of today.
- By consent of counsels present, the suit will be heard on 23/5/2022 and 24/5/2022.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE LAND AND ENVIRONMENT COURT AT ISIOLO
ELC CASE NO. 001 OF 2021
MARRYANN MOHAMED CHEABRIL (Suing as the Administrator of the Estate of
ASHA JABRIL MOHAMED - DECEASED................................................PLAINTIFF
-VERSUS-
MICHAEL KOOME MBURUU.........................................................1ST DEFENDANT
ISIOLO COUNTY GOVERNMENT.................................................2ND DEFENDANT
JEDIEL KIRIMI RUTERE................................................................3RD DEFENDANT
RULING
1. This is a matter that has been in the judicial pipeline for some time. It has been heard at Meru, Chuka and now Isiolo. It is important that the hearing of this matter be prioritized.
2. On 30/12/2021, the plaintiff’s advocate, Mr. Lakicha, intimated that he was contemplating withdrawal of suit number Court of Appeal No. 205 of 2019 at Nyeri. This would clear the way for the hearing of this suit.
3. On 21st January, 2022, it was confirmed that the suit in Court of Appeal No 205 of 2019 at Nyeri had been withdrawn.
4. Consequently, the following orders are hereby issued:
a) The plaintiff’s advocate is directed to serve the hearing date fixed by the court today upon all the absent defendants within 14 days of today.
b) By consent of counsels present, the suit will be heard on 23/5/2022 and 24/5/2022.
Written and delivered in open court at Isiolo, this 25th day of January, 2022 in the presence of:
Court Assistant: Balozi
Mrs Otieono h/b Lakicha for the plaintiff
Kaumbi h/b Mwirigi Kaburu for the 1st defendant
Ken Muriuki for the 2nd Defendant
Mrs Mbogo for the 3rd defendants
--------------------
HON. JUSTICE P. M NJOROGE
ELC JUDGE, ISIOLO