[2019] KEELC 4057 (KLR)
The court found that only the applicants had complied with the pre-trial directions under Order 11 of the Civil Procedure Rules. The respondents failed to comply and did not offer any explanation for their non-compliance. In the interest of justice and to avoid prejudicing the respondents, the court exercised its...
Source-derived case information.
- Citation
- [2019] KEELC 4057 (KLR)
- Parties
- Applicant: Morris Kiruja Mpungu; Applicant: Genesio Kiraithe Mpungu; Respondent: Margret Ngiri Muchiri; Respondent: Robert Nyaga Rutere
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 6 of 2018
- Procedural Posture
- Miscellaneous Application / Pre Trial Compliance Directions
- Outcome
- The respondents are granted a final opportunity to comply with Order 11, Civil Procedure Rules, within 14 days. The suit is set for hearing on 27th May, 2019.
- Judges
- FM Njoroge
- Legal Topics
- Adverse Possession, Land Registration, Pre Trial Compliance, Limitation of Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Morris Kiruja Mpungu
Applicant
Genesio Kiraithe Mpungu
Applicant
Margret Ngiri Muchiri
Respondent
Robert Nyaga Rutere
Respondent
Procedural Posture
Miscellaneous Application / Pre Trial Compliance Directions
Legal Issues
- 1 Whether the respondents have complied with Order 11 of the Civil Procedure Rules as directed by the court.
- 2 Whether the respondents should be granted a further opportunity to comply with pre-trial directions.
- 3 Whether the suit should be set down for hearing despite non-compliance by the respondents.
Ratio Decidendi
The court found that only the applicants had complied with the pre-trial directions under Order 11 of the Civil Procedure Rules. The respondents failed to comply and did not offer any explanation for their non-compliance. In the interest of justice and to avoid prejudicing the respondents, the court exercised its discretion to grant the respondents a final opportunity to comply within 14 days. The court also set a hearing date for the suit, ensuring the matter proceeds without undue delay.
Court Disposition
The respondents are granted a final opportunity to comply with Order 11, Civil Procedure Rules, within 14 days. The suit is set for hearing on 27th May, 2019.
Orders
- The respondents are granted a last chance to fully comply with Order 11, Civil Procedure Rules, within the next 14 days.
- The suit will be heard on 27th May, 2019.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 06 OF 2018
IN THE MATTER OF THE REGISTRATION OF LANDS ACT NO. 3 OF 2012 SECTION 28(H)
AND IN THE MATTER OF ORDER 37 RULE 7 CIVIL PROCEDURE RULES
AND IN THE MATTER OF SECTION 38 OF THE LAW OF LIMITATION OF ACTIONS ACT CHAPTER 22
LAW OF KENYA
AND IN THE MATTER OF AN APPLICATION BY MORRIS KIRUJA MPUNGU AND GENESIO KIRAITHE MPUNGU THAT THE COURT DO MAKE A DECLARATION THAT THEY ARE ENTITLED TO 2. 80 ACRES COMPRISED IN L.R. NO. MUTHAMBI/EREGA/204 UNDER THE DOCTRINE OF ADVERSE POSSESSION
AND IN THE MATTER OF AN APPLICATION BY MORRIS KIRUJA MPUNGU AND GENESIO KIRAITHE MPUNGU THAT THEY BE REGISTERED WITH 2. 80 ACRES COMPRISED IN L.R. NO. MUTHAMBI/EREGA/204 WHICH THEY HAVE ACQUIRED UNDER THE DOCTRINE OF ADVERSE POSSESSION
MORRIS KIRUJA MPUNGU......................................1ST APPLICANT
GENESIO KIRAITHE MPUNGU...............................2ND APPLICANT
AND
MARGRET NGIRI MUCHIRI.................................1ST RESPONDENT
ROBERT NYAGA RUTERE....................................2ND RESPONDENT
RULING
1. On 20th October, 2018, the parties were given orders to comply with order 11, CPR, with the applicant required to do so within 14 days of that day and the respondents to do so within 14 days after receipt of the applicant’s compliance documents. Parties were directed to come to court to confirm compliance on 25. 3.2019.
2. On 25. 3.2019, only the applicant had complied. Although Robert Nyaga Rutere, the 2nd respondent was in court, the respondents’ advocate was not in court. Mr. I.C.Mugo, the applicant’s advocate, asked the court to give the suit a hearing date.
3. No explanation was given as to why the respondents had not complied with order 11 CPR. I will, therefore, give this matter a hearing date.
4. The respondents are given a last chance to comply and serve compliance documents upon the applicant.
5. I issue the following orders:
a) The respondents are granted a last chance to fully comply with order 11, CPR, within the next 14 days.
b) The suit will be heard on 27th May, 2019.
6. It is so ordered.
Delivered in open Court this 25th day of March, 2019
in the presence of:
CA: Ndegwa
I.C. Mugo for the applicant
Robert Nyaga Rutere - 2nd respondent
P.M. NJOROGE
JUDGE