[2023] KEELC 22512 (KLR)
The court found that the plaintiffs had provided a clear explanation for the delay in filing the letter dated 18th May 2023. There was no objection from the defendants, who did not file any response or submissions. The court, guided by Article 159(2)(b) and (d) of the Constitution, held that justice should not be...
Source-derived case information.
- Citation
- [2023] KEELC 22512 (KLR)
- Parties
- Plaintiff: Mr. John Muriithi & 17 others Registered as Oleshua Community Organisation; Defendant: Hon. George Nyanja; Defendant: Mwitu Estate Water Company Ltd; Defendant: Nairobi County Government
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 774 of 2015
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Application for Leave to File Additional Document Out of Time
- Outcome
- Application allowed.
- Judges
- EK Wabwoto
- Legal Topics
- Leave to File Document Out of Time, Procedural Fairness, Admission of Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mr. John Muriithi & 17 others Registered as Oleshua Community Organisation
Plaintiff
Hon. George Nyanja
Defendant
Mwitu Estate Water Company Ltd
Defendant
Nairobi County Government
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application for Leave to File Additional Document Out of Time
Legal Issues
- 1 Whether the plaintiffs should be granted leave to file the letter dated 18th May 2023 out of time.
Ratio Decidendi
The court found that the plaintiffs had provided a clear explanation for the delay in filing the letter dated 18th May 2023. There was no objection from the defendants, who did not file any response or submissions. The court, guided by Article 159(2)(b) and (d) of the Constitution, held that justice should not be defeated by procedural technicalities and that the admission of the document would not prejudice the defendants. Accordingly, the court exercised its discretion to allow the application and granted leave for the letter to be filed and served within seven days.
Court Disposition
Application allowed.
Orders
- The document referred to as the letter dated 18th May 2023 to be filed and served upon the defendants within 7 days from the date of the ruling.
- Each party to bear own costs of the application.
Full Case Text
Judgment text and source record
23 paragraphs
Muriithi & 17 others Registered as Oleshua Community Organisation v Nyanja & 2 others (Environment & Land Case 774 of 2015) [2023] KEELC 22512 (KLR) (20 December 2023) (Ruling)
Neutral citation: [2023] KEELC 22512 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 774 of 2015
EK Wabwoto, J
December 20, 2023
Between
Mr. John Muriithi & 17 others Registered as Oleshua Community Organisation
Plaintiff
and
Hon. George Nyanja
1st Defendant
Mwitu Estate Water Company Ltd
2nd Defendant
Nairobi County Government
3rd Defendant
Ruling
1. The plaintiffs vide their application dated 15th November 2023 seeks leave of this court to file an additional document referred to as the letter dated 18th May 2023 out of time. The application was supported by an affidavit sworn on 15th November 2023 by Ruth Chunge the secretary of the plaintiff’s organization. It was averred that the plaintiffs have obtained the said correspondence which is necessary for the court to arrive at a fair and just determination of the matter.
2. Pursuant to the directions that was issued by this court, it was directed that the application be canvassed by way of written submissions. In compliance with the said directions, the application was subsequently served upon the defendants, the plaintiffs filed written submissions dated 20th November 2023, however the no response nor any written submissions in respect to the said application were filed by the defendants despite service.
3. The court has considered the application and the written submissions filed by the plaintiffs. The singular issue for consideration is whether the plaintiff should be granted leave to file the letter dated 18th May 2023 out of time.
4. Article 159(2) (b) and (d) of the Constitution requires this Court to ensure justice is not delayed and is administered without undue regard to procedural technicalities The plaintiffs have clearly explained the reason for the delay in filing the letter dated 18th May 2023 and there being no objection to the same by the defendants, this court shall proceed to allow the application dated 15th November 2023 in the following terms;i.The document referred to as the letter dated 18th May 2023 to be filed and served upon the defendants within 7 days from today.ii.Each party to bear own costs of the application.It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 20TH DAY OF DECEMBER 2023. E. K. WABWOTOJUDGE