[2023] KEELC 16963 (KLR)
The court found that both the plaintiff and the defendants had closed their respective cases, and there was no application or order to re-open the defence case. The application by the plaintiff dated November 25, 2021, had been dismissed, and the proceedings of February 22, 2023, were rendered moot by subsequent...
Source-derived case information.
- Citation
- [2023] KEELC 16963 (KLR)
- Parties
- Plaintiff: Kareri Murichu; Defendant: Wilson Muniu; Defendant: Wamande Kimeria; Defendant: Hannah Wanjiru Muniu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 3253 of 1995
- Procedural Posture
- Environment and Land Case / Ruling on Directions for Filing Submissions After Close of Evidence
- Outcome
- Directions issued for filing of submissions; no adjournment granted.
- Judges
- LN Mbugua
- Legal Topics
- Close of Evidence, Filing of Submissions, Adjournment, Reopening of Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kareri Murichu
Plaintiff
Wilson Muniu
Defendant
Wamande Kimeria
Defendant
Hannah Wanjiru Muniu
Defendant
Procedural Posture
Environment and Land Case / Ruling on Directions for Filing Submissions After Close of Evidence
Legal Issues
- 1 Whether the defence is entitled to an adjournment to call witnesses after the case was closed.
- 2 Whether the proceedings of February 22, 2023 have any effect on the current stage of the case.
Ratio Decidendi
The court found that both the plaintiff and the defendants had closed their respective cases, and there was no application or order to re-open the defence case. The application by the plaintiff dated November 25, 2021, had been dismissed, and the proceedings of February 22, 2023, were rendered moot by subsequent developments. As such, the matter was at the stage of filing submissions, and the issue of adjournment to allow the defence to call witnesses did not arise. The court therefore directed the parties to proceed to file their submissions.
Court Disposition
Directions issued for filing of submissions; no adjournment granted.
Orders
- Parties to file written submissions as directed by the court.
- No adjournment granted for the defence to call witnesses.
Full Case Text
Judgment text and source record
25 paragraphs
Murichu v Muniu & 2 others (Environment & Land Case 3253 of 1995) [2023] KEELC 16963 (KLR) (18 April 2023) (Ruling)
Neutral citation: [2023] KEELC 16963 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 3253 of 1995
LN Mbugua, J
April 18, 2023
Between
Kareri Murichu
Plaintiff
and
Wilson Muniu
1st Defendant
Wamande Kimeria
2nd Defendant
Hannah Wanjiru Muniu
3rd Defendant
Ruling
1. I have now perused the record. I find that indeed plaintiff testified way back on December 11, 2017 and was cross examined. His case was closed.
2. Thereafter, the defence case was marked as closed on March 4, 2021. It has never been re-opened.
3. It appears that thereafter, the matter stalled because of an application filed by the plaintiff dated November 25, 2021 which was eventually dismissed.
4. In light of the foregoing analysis, I find that the proceedings of February 22, 2023 have been rendered atiose; no longer applicable as the case is at the stage of filing submissions. In that regard, the issue of adjourning the case to allow the defence to call witnesses doesn’t rise.
5. It is noted that the defendants are not in court today.
6. In the circumstances, the court will give directions on the filing of submissions.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 18THDAY OF APRIL, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Kareri Murichu the PlaintiffMary Muigai for Plaintiff.H. Kinyanji for 1st & 2nd defendantCourt assistant: JoanELC SUIT NO. 3253 OF 1995 (Ruling) Page 2 of 2