[2019] KEELC 3022 (KLR)
The court admitted the appeal for hearing upon the request of the appellant and with the consent of the respondents. Both parties agreed to proceed by way of written submissions, with clear timelines for filing and exchange. The court formalized these directions as orders, ensuring procedural fairness and efficient...
Source-derived case information.
- Citation
- [2019] KEELC 3022 (KLR)
- Parties
- Appellant: M'Mboroki Thuraine; Respondent: M'Ikiao Laikuru; Respondent: Stanely Kiria Mitambo; Respondent: District Land Adjudication Officer Tharaka District; Respondent: The Hon. Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 8 of 2018
- Procedural Posture
- Civil Appeal / Directions Before Hearing
- Outcome
- Appeal admitted to hearing; directions issued by consent for written submissions and further mention.
- Judges
- FM Njoroge
- Legal Topics
- Land Adjudication, Appeal Admission, Written Submissions, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M'Mboroki Thuraine
Appellant
M'Ikiao Laikuru
Respondent
Stanely Kiria Mitambo
Respondent
District Land Adjudication Officer Tharaka District
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Civil Appeal / Directions Before Hearing
Legal Issues
- 1 Whether the appeal should be admitted for hearing.
- 2 What directions should be given regarding the filing and exchange of written submissions.
Ratio Decidendi
The court admitted the appeal for hearing upon the request of the appellant and with the consent of the respondents. Both parties agreed to proceed by way of written submissions, with clear timelines for filing and exchange. The court formalized these directions as orders, ensuring procedural fairness and efficient case management. The orders were issued by consent, reflecting the parties' agreement and the court's supervisory role in managing the appeal process.
Court Disposition
Appeal admitted to hearing; directions issued by consent for written submissions and further mention.
Orders
- This appeal is admitted to hearing.
- By consent, the appellant to file and exchange written submissions within 14 days of today.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CIVIL APPEAL CASE NO. 08 OF 2018
FORMERLY MARIMANTI CIVIL CASE NO. 37 OF 2017
M’MBOROKI THURAINE.........................................................APPELLANT
VERSUS
M’IKIAO LAIKURU.........................................................1ST RESPONDENT
STANELY KIRIA MITAMBO.........................................2ND RESPONDENT
DISTRICT LAND ADJUDICATION
OFFICER THARAKA DISTRICT..................................3RD RESPONDENT
THE HON. ATTORNEY GENERAL..............................4TH RESPONDENT
RULING
1. When this matter came up for directions on 12. 6.2019, Miss Njenga, the intended appellant’s advocate asked the court to admit the appeal.
2. Mr. Murango Mwenda, the respondents’ advocate, suggested that the appeal be canvassed by way of written submissions with the appellant filing and exchanging his written submissions within 14 days and the respondents doing so within 14 days after receipt of the appellant’s submissions.
3. Miss Njenga, the appellant’s advocate, told the court that she was in agreement with Mr. Mwenda’s proposal.
4. The following orders are issued:-
1. This appeal is admitted to hearing.
2. By consent, the appellant to file and exchange written submissions within 14 days of today.
3. By consent, the respondents to file and exchange written submissions within 14 days after receipt of the appellant’s written submissions.
4. Parties to concurrently file soft copies of their submissions as they file apposite hard copies.
5. By consent, parties to come to court for directions on 16. 7.2019
Delivered in open Court at Chuka this 12th day of June, 2019 in the presence of:
CA: Ndegwa
Miss Njenga for the Appellant
Murango Mwenda for the Respondents
P. M. NJOROGE
JUDGE