[2023] KEELC 17058 (KLR)
The court exercised its discretion to adjourn the hearing to allow the 4th, 7th, and 19th defendants, who had only recently instructed counsel, to file their responses and documents. The court accepted counsel's explanation as truthful and found no evidence that these defendants were aware of the hearing date. The...
Source-derived case information.
- Citation
- [2023] KEELC 17058 (KLR)
- Parties
- Plaintiff: Zephania Gitau Mbugua; Defendant: Chege Nganga Kariha; Defendant: Silvaline Investment Limited; Defendant: The Chief Lands Registrar; Defendant: John Kariuki Tumbu; Defendant: Francis Koigu Kiraguri; Defendant: Francis Kariuki Mwangi; Defendant: Mary Wanjiku Mureu; Defendant: Dominic Kinga Mwangi; Defendant: John Harry Thuku; Defendant: John Mwangi Thuku; Defendant: Shiphira Wanjiku Mwangi; Defendant: Stephen Njenga Mureithi; Defendant: Wilson Nderitu Bacia; Defendant: Hezron Kamau Gichuru; Defendant: Lucas Bosire Maroko; Defendant: Ruth Njeri Matiru; Defendant: Maurice Mbeja Ocholi; Defendant: John Nganga Githii; Defendant: Joy Nasambu Kimakwa; Defendant: Teresia Njeri Njogu; Defendant: Wilfred Nyakundi Mwambi; Defendant: Regina Wangari
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E4 of 2020
- Procedural Posture
- Environment and Land Case / Interlocutory Ruling on Adjournment and Directions
- Outcome
- Hearing adjourned; directions issued for service and filing of responses; costs awarded against specified defendants.
- Judges
- FM Njoroge
- Legal Topics
- Adjournment of Hearing, Service of Process, Leave to File Documents, Costs Orders
- Source Language
- en
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Summary, issues, holding and outcome
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Parties
Zephania Gitau Mbugua
Plaintiff
Chege Nganga Kariha
Defendant
Silvaline Investment Limited
Defendant
The Chief Lands Registrar
Defendant
John Kariuki Tumbu
Defendant
Francis Koigu Kiraguri
Defendant
Francis Kariuki Mwangi
Defendant
Mary Wanjiku Mureu
Defendant
Dominic Kinga Mwangi
Defendant
John Harry Thuku
Defendant
John Mwangi Thuku
Defendant
Shiphira Wanjiku Mwangi
Defendant
Stephen Njenga Mureithi
Defendant
Wilson Nderitu Bacia
Defendant
Hezron Kamau Gichuru
Defendant
Lucas Bosire Maroko
Defendant
Ruth Njeri Matiru
Defendant
Maurice Mbeja Ocholi
Defendant
John Nganga Githii
Defendant
Joy Nasambu Kimakwa
Defendant
Teresia Njeri Njogu
Defendant
Wilfred Nyakundi Mwambi
Defendant
Regina Wangari
Defendant
Procedural Posture
Environment and Land Case / Interlocutory Ruling on Adjournment and Directions
Legal Issues
- 1 Whether the hearing should be adjourned to allow the 4th, 7th, and 19th defendants to file their responses.
- 2 Whether the absence of the 20th defendant due to a personal emergency justifies adjournment.
- 3 How service should be effected on defendants who have not appeared or filed defences.
Ratio Decidendi
The court exercised its discretion to adjourn the hearing to allow the 4th, 7th, and 19th defendants, who had only recently instructed counsel, to file their responses and documents. The court accepted counsel's explanation as truthful and found no evidence that these defendants were aware of the hearing date. The court also accepted the explanation for the 20th defendant's absence due to a personal emergency. To prevent future delays, the court directed that hearing notices be advertised on the court's notice board with proof of such advertisement to be filed, and that all non-appearing defendants would be deemed served for each advertised sitting. Costs for the day were ordered against...
Court Disposition
Hearing adjourned; directions issued for service and filing of responses; costs awarded against specified defendants.
Orders
- The hearing is adjourned to allow the 4th, 7th, and 19th defendants to file and serve their responses and documents within 14 days.
- Mention set for 31/5/2023 to confirm compliance.
Full Case Text
Judgment text and source record
66 paragraphs
Mbugua v Kariha & 21 others (Environment & Land Case E4 of 2020) [2023] KEELC 17058 (KLR) (26 April 2023) (Ruling)
Neutral citation: [2023] KEELC 17058 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case E4 of 2020
FM Njoroge, J
April 26, 2023
Between
Zephania Gitau Mbugua
Plaintiff
and
Chege Nganga Kariha
1st Defendant
Silvaline Investment Limited
2nd Defendant
The Chief Lands Registrar
3rd Defendant
John Kariuki Tumbu
4th Defendant
Francis Koigu Kiraguri
5th Defendant
Francis Kariuki Mwangi
6th Defendant
Mary Wanjiku Mureu
7th Defendant
Dominic Kinga Mwangi
8th Defendant
John Harry Thuku
9th Defendant
John Mwangi Thuku
10th Defendant
Shiphira Wanjiku Mwangi
11th Defendant
Stephen Njenga Mureithi
12th Defendant
Wilson Nderitu Bacia
13th Defendant
Hezron Kamau Gichuru
14th Defendant
Lucas Bosire Maroko
15th Defendant
Ruth Njeri Matiru
16th Defendant
Maurice Mbeja Ocholi
17th Defendant
John Nganga Githii
18th Defendant
Joy Nasambu Kimakwa
19th Defendant
Teresia Njeri Njogu
20th Defendant
Wilfred Nyakundi Mwambi
21st Defendant
Regina Wangari
22nd Defendant
Ruling
1. Mr. Nyachoti for the plaintiff states he is ready to proceed. Mr. Gichigi states he was issued with instructions only last week by the 4th, 7th and 19th defendants and that he requires time to file response to the suit on their behalf.
2. Ms. Mwaniki stated that Ms. Njeri Njagua has an emergency and cannot attend court for this hearing today. This is a matter involving land and the 4th, 7th and 19th defendants who are represented by Mr. Gichigi, are said to be settled on it.
3. An injunctive order is in existence in regard to the suit land. I am of the view that Mr. Gichigi for the 4th, 7th and 19th defendants must as an officer of the court be deemed to be stating truthfully the matters that he has brought forth today. I also have no reason to believe that the 7th and 19th defendants knew of this matter or of the hearing date scheduled for today.
4. Given the ramifications of proceeding without their documents having been filed in these proceedings, this court opts to exercise abundant caution and apply its discretion to adjourn this hearing as prayed by Mr. Gichigi.
5. Concerning M.s Njagua’s predicament, though no specifics were divulged regarding the personal emergency she is involved in at the moment, this court is ready to give her an allowance for the reason that in life there can be unpredictables. Consequently, this hearing is adjourned.
6. Considering that Mr. Gichigi’s sentiments as to whether specific orders had been made that the hearing can proceed without service on the defendants who have not appeared, I note that this issue is bound to delay the hearing of this case for a long time if it comes up each time the matter is listed for hearing, and to obviate the occurrence of such an objection in future, I hereby order that the plaintiff shall at all times when this matter has been fixed for mention or hearing advertise the hearing notice beforehand by way of affixing it in a conspicuous manner on the court’s notice board with the leave of the Deputy Registrar of this court and proof of such advertisement shall be filed in court before each sitting, and all those who have not filed appearance or defence shall be considered as properly served for each advertised sitting.
7. Regarding the issue of costs, I hereby order that all the defendants save the 5th, 22nd and 8th and 21st defendants shall bear the costs of the plaintiff for this day in any event.
8. The 4th, 7th and 19th defendants are hereby granted leave to file and serve their responses to the suit and all other documents in compliance within 14 days hereof. Mention of this suit shall be on 31/5/2023 to confirm compliance and this interregnum shall allow the plaintiff, or any defendant, as the case may be, once served, to respond to the replies by those defendants.
9. It is so ordered.
DATED, SIGNED AND DELIVERED AT NAKURU IN OPEN COURT ON THIS 26TH DAY OF APRIL 2023. MWANGI NJOROGEJUDGE, ELC, NAKURU