[2021] KEELC 221 (KLR)
The court found that the absence of the 1st defendant, who was out of the country on a personal work assignment, did not constitute sufficient cause for adjournment. However, the existence of a part-heard murder case involving the 3rd defendant's advocate and a pending related matter in the Court of Appeal were...
Source-derived case information.
- Citation
- [2021] KEELC 221 (KLR)
- Parties
- Plaintiff: Maryan Mohamed Cheabril (Suing as the administrator of the Estate of Asha Jabril Mohamed (deceased)); Defendant: Michael Koome Mburugu; Defendant: Isiolo County Government; Defendant: Jediel Kirimi Rutere; Defendant: The Chief Land Registrar; Defendant: The National Land Commission; Defendant: The Director of Survey; Defendant: The Attorney General
- 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 / Ruling on Adjournment Application
- Outcome
- adjourned
- Legal Topics
- Adjournment of Hearing, Pending Appeal, Service of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maryan Mohamed Cheabril (Suing as the administrator of the Estate of Asha Jabril Mohamed (deceased))
Plaintiff
Michael Koome Mburugu
Defendant
Isiolo County Government
Defendant
Jediel Kirimi Rutere
Defendant
The Chief Land Registrar
Defendant
The National Land Commission
Defendant
The Director of Survey
Defendant
The Attorney General
Defendant
Procedural Posture
Land and Environment Case / Ruling on Adjournment Application
Legal Issues
- 1 Whether the hearing should be adjourned due to the absence of the 1st defendant.
- 2 Whether the existence of a pending Court of Appeal matter justifies adjournment.
- 3 Whether proper service of court orders on absent parties is required.
Ratio Decidendi
The court found that the absence of the 1st defendant, who was out of the country on a personal work assignment, did not constitute sufficient cause for adjournment. However, the existence of a part-heard murder case involving the 3rd defendant's advocate and a pending related matter in the Court of Appeal were considered valid grounds. The court exercised its discretion to adjourn the hearing, emphasizing the need for proper service of orders to absent parties and for updates on the status of the appellate matter at the next mention date.
Court Disposition
adjourned
Orders
- The hearing of this matter is adjourned.
- On the next mention date, Mr. Lakicha will apprise the court regarding developments in Court of Appeal No. 205 of 2019 at Nyeri.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT ISIOLO
ELCC NO. 001 OF 2021
MARYAN MOHAMED CHEABRIL (Suing as the administrator of the
Estate of Asha Jabril Mohamed (deceased)...................................PLAINTIFF
VERSUS
MICHAEL KOOME MBURUGU........................................1ST DEFENDANT
ISIOLO COUNTY GOVERNMENT…………………...….2ND DEFENDANT
JEDIEL KIRIMI RUTERE...................................................3RD DEFENDANT
THE CHIEF LAND REGISTRAR........................................4TH DEFENDANT
THE NATIONAL LAND COMMISSION............................5TH DEFENDANT
THE DIRECTOR OF SURVEY............................................6TH DEFENDANT
THE ATTORNEY GENERAL.............................................7TH DEFENDANT
RULING
1. This matter was fixed for hearing today. Advocate Mwirigi asked the court to adjourn the matter as his client, the 1st defendant, was out of the, country on a work related assignment. I find that it has not been shown to the satisfaction of the court that hearing of this matter should be adjourned on account of the 1st defendant being out of the country on a frolic of his own.
2. Messrs Muriuki and Lakicha told the court that they were ready to proceed with the hearing.
3. Mr. Murango Mwenda, for the 3rd defendant, told the court that he had written to all advocates involved in this matter that he had a part heard murder case at Chuka which was proceeding today. He asked the court to adjourn the matter.
4. Mr. Muriuki informed the court that there was a matter in the Court of Appeal involving the same subject matter being canvassed in this suit. Mr. Lakicha confirmed that the matter had not been concluded but preferred that his client had given instructions that the Court of Appeal suit be withdrawn.
5. In view of the murder case at Chuka and the outstanding Court of Appeal case, I issue the following orders:
a) The hearing of this matter is adjourned.
b) During the next mention date, Mr. Lakicha will apprise the court regarding developments in Court of Appeal No. 205 of 2019 at Nyeri.
c) The plaintiff’s advocate, Mr. Lakicha, will properly serve all the orders issued by the court today upon all absent parties.
d) By consent of all advocates present today, DIRECTIONS on 25/1/2022.
Ruling written and delivered in Open Court at Isiolo this 20th day of December, 2021 in the presence of:
Court Assistant: Denge
Lakicha for the plaintiff
Ken Muriuki for the 2nd defendant
Murango Mwenda for the 3rd defendant
Mwirigi Kaburu for the 1st defendant
HON. JUSTICE P. M. NJOROGE
E.L.C JUDGE, ISIOLO