[2014] KEELC 12 (KLR)
The court adopted the parties' consent on the procedural management of the Notice of Motion application dated 14th October, 2014. The consent set out timelines for filing and serving further affidavits and written submissions, specified the format and length of submissions, and provided for the extension of interim...
Source-derived case information.
- Citation
- [2014] KEELC 12 (KLR)
- Parties
- Applicant: Mohamud Iltarakwa Kochale; Applicant: Kochale Somo Chale; Applicant: Issa Jitewe Gambare; Applicant: David Tamasot Arakhole; Applicant: William Lengoyiap; Applicant: Sekotey Seye; Respondent: Lake Turkana Wind Power Ltd; Respondent: Marsabit County Government; Respondent: The Attorney General; Respondent: Chief Land Registrar; Respondent: The National Land Commission; Respondent: Aaron Iltele Lesiantam; Respondent: Henry Parasian Sakalpo; Respondent: Stephen Nakeno; Respondent: Job Lmalasian Lengoya; Respondent: Dair Lentipan
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 163 of 2014
- Procedural Posture
- Civil Suit / Directions on Hearing of Notice of Motion Application Dated 14.10.2014
- Outcome
- Consent on procedural directions adopted as order of the court.
- Judges
- FM Njoroge
- Legal Topics
- Notice of Motion Procedure, Interim Orders, Written Submissions, Land Dispute Hearing
- Source Language
- en
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Summary, issues, holding and outcome
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Parties
Mohamud Iltarakwa Kochale
Applicant
Kochale Somo Chale
Applicant
Issa Jitewe Gambare
Applicant
David Tamasot Arakhole
Applicant
William Lengoyiap
Applicant
Sekotey Seye
Applicant
Lake Turkana Wind Power Ltd
Respondent
Marsabit County Government
Respondent
The Attorney General
Respondent
Chief Land Registrar
Respondent
The National Land Commission
Respondent
Aaron Iltele Lesiantam
Respondent
Henry Parasian Sakalpo
Respondent
Stephen Nakeno
Respondent
Job Lmalasian Lengoya
Respondent
Dair Lentipan
Respondent
Procedural Posture
Civil Suit / Directions on Hearing of Notice of Motion Application Dated 14.10.2014
Legal Issues
- 1 How the Notice of Motion application dated 14th October, 2014 should be heard and managed procedurally.
Ratio Decidendi
The court adopted the parties' consent on the procedural management of the Notice of Motion application dated 14th October, 2014. The consent set out timelines for filing and serving further affidavits and written submissions, specified the format and length of submissions, and provided for the extension of interim orders until the next date for directions. The court found that the agreed directions would facilitate the fair and efficient hearing of the application and ensure all parties had an opportunity to be heard. The consent was therefore adopted as an order of the court.
Court Disposition
Consent on procedural directions adopted as order of the court.
Orders
- Plaintiffs/Applicants to file and serve further affidavit and written submissions within 14 days.
- Respondents to file and serve responses within 14 days of service.
Full Case Text
Judgment text and source record
52 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT & LAND COURT AT MERU
CIVIL SUIT O. 163 OF 2014
MOHAMUD ILTARAKWA KOCHALE.....1ST PLAINTIFF/APPLICANT
KOCHALE SOMO CHALE.......................2ND PLAINTIFF/APPLICANT
ISSA JITEWE GAMBARE................3RD PLAINTIFF/APPLICANT
DAVID TAMASOT ARAKHOLE..................4TH PLAINTIFF/APPLICANT
WILLIAM LENGOYIAP...............................5TH PLAINTIFF/APPLICANT
SEKOTEY SEYE................................6TH PLAITIFF/APPLICANT
(Suing on behalf of the residents of Laisamis Constituency and Karare Ward of Marsabit County)
VERSUS
LAKE TURKANA WIND POWR LTD.......1ST DEFENANT/RESPONDENT
MARSABIT COUNTY GOVERNMENT..2ND DEFENDANT/RESPONDENT
THE ATTORNEY GENERAL........3RD DEFENDANT/RESPONDENT
CHIEF LAND REGISTRAR...............4TH DEFENDANT/RESPONDENT
THE NATIONAL LAND COMMISSION..5TH DEFENDANT/RESPONDENT
AARON ILTELE LESIANTAM..............1ST INTERSTED PARTY
HENRY PARASIAN SAKALPO...........2ND INTERESTED PARTY
STEPHEN NAKENO...........................3RD INTERESTED PARTY
JOB LMALASIAN LENGOYA.....................4TH INTERESTED PARTY
DAIR LENTIPAN........................5TH INTERESTED PARTY
(As representatives of the residents of Loiyangalani District, Marsabit County
RULING
CONTAINING DIRECTIONS ON HOW THE NOTICE OF MOTION APPLICATION DATED 14. 10. 2014 IS TO BE HEARD.
On 24th November, 2014, parties in this matter asked this Court to adopt a consent in the following terms as an order of this Court:
The Plaintiffs/Applicants to file and serve a further affidavit and written submissions to the Notice of Motion dated 14th October, 2014 within 14 days from today.
The Respondents to file and serve their response to the written submissions within 14 days of service.
The Plaintiffs/Applicants to file and serve their replies to the written submissions on points of law within 7 days of service by the Respondents.
The written submissions shall:
(i) Not exceed 10 pages.
(ii) Be in font 12.
(iii) Be spaced at 1. 5.
Interim Orders shall be extended until the next date for directions/highlighting.
All the pleadings and written submissions shall be sent to Court in Soft copy to the addresses as shown here below:
(a) merucourt@judiciary.go.ke
(b)waigia@yahoo.com
(c) agnes.waigi@judiciary.go.ke
Upon request by the Deputy Registrar of this Court, the parties shall deliver to the Court soft copies of the pleadings and written submissions saved in compact disks.
The e-mails sent shall be copied to all parties and any compact discs sent to Court shall also be sent to all other parties.
The applicants and the 1st Respondent shall have 10 minutes each to highlight their submissions and the other respondents and the Interested Party shall have 5 minutes each. The plaintiffs, if necessary, will have 3 minutes to respond.
We have agreed to return for highlighting on 19. 1.2015.
The consent has been adopted as an order of this Court.
It is so ordered.
Delivered in Court at Meru this 24th day of November, 2014 in the presence of:
Cc. Daniel
Sagana/Miss Ashi for Plaintiffs/Applicants
Nyaoga/Mish Aisha Abdallah/Wetangula for 1st Defendant/Respondent
Abdi Hassan/Mutinda for 2nd Defendant/Respondent
Njoroge/Menge for 3rd-5th Defendants/Respondents
Kiprop for Interested Parties.
P. M. NJOROGE
JUDGE