[2019] KEELC 730 (KLR)
The court determined that, in the interests of justice and efficient case management, all parties must comply with the pre-trial requirements under Order 11 of the Civil Procedure Rules within 21 days. The court further ordered that the 1st defendant be granted 7 days to file and serve a witness statement, and that...
Source-derived case information.
- Citation
- [2019] KEELC 730 (KLR)
- Parties
- Plaintiff: Maryann 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: 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 Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 6 of 2019
- Procedural Posture
- Land and Environment Case / Directions and Case Management
- Outcome
- Directions and case management orders issued.
- Legal Topics
- Case Management, Order 11 Civil Procedure Rules, Service of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maryann 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
Chief Land Registrar
Defendant
The National Land Commission
Defendant
The Director of Survey
Defendant
The Attorney General
Defendant
Procedural Posture
Land and Environment Case / Directions and Case Management
Legal Issues
- 1 Whether all parties have complied with pre-trial requirements under Order 11 of the Civil Procedure Rules.
- 2 Whether service of all relevant court orders and filings has been effected on all parties.
- 3 What further directions are necessary to facilitate case management and early hearing.
Ratio Decidendi
The court determined that, in the interests of justice and efficient case management, all parties must comply with the pre-trial requirements under Order 11 of the Civil Procedure Rules within 21 days. The court further ordered that the 1st defendant be granted 7 days to file and serve a witness statement, and that all parties ensure service of all relevant filings and court orders on the other parties, including those not represented at the hearing. Specific directions were given to the plaintiff's and 1st defendant's advocates to serve the National Land Commission and the Attorney General, respectively, within 3 days. The matter was set for further directions and case management on 17th...
Court Disposition
Directions and case management orders issued.
Orders
- 1st defendant granted 7 days to file and serve a witness statement.
- All parties to ensure service of all apposite filings upon the other parties.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 06 OF 2019
MARYANN 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
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 came up today for directions and case management. The advocates representing the plaintiff, the 1st defendant, the 2nd defendant and the 3rd defendant were in court and addressed the court on the various pertinent issues. The 4th, 5th, 6th and 7th defendants were not represented.
2. Upon consideration of all apposite issues, the following orders are issued:
1. 1st defendant granted 7 days to file and serve a witness statement.
2. All parties to ensure that they have served all apposite filings upon the other parties.
3. All parties who have not fully complied with Order 11, CPR, to do so within 21 days of today.
4. Mr. Ndege, the plaintiff’s advocate, to serve the orders issued by the court today upon the 5th defendant, the National Land Commission, within 3 days of today.
5. Mr. Mwirigi, the 1st defendant’s advocate, as he has undertaken, to serve the orders issued today upon the AG at Meru within 3 days of today.
6. Directions on 17th December, 2019.
3. It is hereby clarified that during the date given for directions, which is the 17th of December, 2019, Case Management will take place with a view to fixing an early hearing date.
4. Orders accordingly.
Delivered in open Court at Chuka this 20th day of November, 2019 in the presence of:
CA: Ndegwa
Ndege present for the Plaintiff
Mwirigi Kaburu present for 1st defendant
Mwirigi Kaburu h/b Miss Kiome for the 2nd defendant
Miss Bancy Makena Mbogo present for the 3rd defendant
P. M. NJOROGE,
JUDGE.