[2019] KEELC 3953 (KLR)
Order 18 Rules 1 and 2 of the Civil Procedure Rules pertain to oral proceedings and do not govern the sequence for filing written submissions. The court retains discretion to issue directions on the filing and exchange of written submissions. In this case, the court directed that the plaintiff should file and...
Source-derived case information.
- Citation
- [2019] KEELC 3953 (KLR)
- Parties
- Plaintiff: Mutegi Mugwetwa; Defendant: County Ministry of Lands, Physical Planning Energy & ICT County Government of Tharaka Nithi; Defendant: County Government of Tharaka Nithi Director General; Defendant: The Director General (Kenya Urban Rural Authority); Defendant: Kenya Urban Roads Authority; Defendant: The Regional Manager-Upper Eastern (Kenya Urban Roads Authority); Defendant: Territorial Works (K) Ltd; Interested Party: Chuka Igambang’ombe Development Association
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 215 of 2017
- Procedural Posture
- Civil Suit / Directions on Filing and Exchange of Written Submissions After Close of Oral Hearing
- Outcome
- Directions issued on the sequence and manner of filing and exchange of written submissions.
- Legal Topics
- Written Submissions, Order 18 Civil Procedure Rules, Directions on Hearing, Land Dispute Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mutegi Mugwetwa
Plaintiff
County Ministry of Lands, Physical Planning Energy & ICT County Government of Tharaka Nithi
Defendant
County Government of Tharaka Nithi Director General
Defendant
The Director General (Kenya Urban Rural Authority)
Defendant
Kenya Urban Roads Authority
Defendant
The Regional Manager-Upper Eastern (Kenya Urban Roads Authority)
Defendant
Territorial Works (K) Ltd
Defendant
Chuka Igambang’ombe Development Association
Interested Party
Procedural Posture
Civil Suit / Directions on Filing and Exchange of Written Submissions After Close of Oral Hearing
Legal Issues
- 1 Whether Order 18 Rules 1 and 2 of the Civil Procedure Rules apply to the filing and exchange of written submissions.
- 2 Which party should file and exchange written submissions first after the close of oral hearing.
Ratio Decidendi
Order 18 Rules 1 and 2 of the Civil Procedure Rules pertain to oral proceedings and do not govern the sequence for filing written submissions. The court retains discretion to issue directions on the filing and exchange of written submissions. In this case, the court directed that the plaintiff should file and exchange written submissions within 21 days of the ruling, and all other parties should do so within 21 days after receipt of the plaintiff’s submissions. This approach ensures procedural fairness and efficient case management, reflecting the court’s authority to regulate its own process where the rules do not expressly provide for written submissions.
Court Disposition
Directions issued on the sequence and manner of filing and exchange of written submissions.
Orders
- The plaintiff is required to file and exchange written submissions within 21 days of this ruling.
- All other parties to file and exchange written submissions within 21 days after receipt of the plaintiff’s written submissions.
Full Case Text
Judgment text and source record
42 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 215 OF 2017
FORMERLY MERU ELC. 08 OF 2015
FORMERLY EMBU ELC. 266 OF 2015
MUTEGI MUGWETWA...........................................................PLAINTIFF
VERSUS
COUNTY MINISTRY OF LANDS,
PHYSICAL PLANNINGENERGY & ICT COUNTY
GOVERNMENT OF THARAKA NITHI.....................1ST DEFENDANT
COUNTY GOVERNMENT OF
THARAKA NITHI DIRECTOR GENERAL..............2ND DEFENDANT
THE DIRECTOR GENERAL
(KENYA URBAN RURAL AUTHORITY).................3RD DEFENDANT
KENYA URBAN ROADS AUTHORITY....................4TH DEFENDANT
THE REGIONAL MANAGER-UPPEREASTERN
(KENYA URBAN ROADS AUTHORITY)................. 5TH DEFENDANT
TERRITORIAL WORKS (K) LTD...............................6TH DEFENDANT
AND
CHUKA IGAMBANG’OMBE
DEVELOPMENT ASSOCIATION........................INTERESTED PARTY
RULING
1. Oral hearing of this suit was closed on 1st April, 2019. The parties agreed to write and exchange written submissions.
2. Advocate Martin Njeru, for the plaintiff told the court that order 18 Rule 2 of the Civil Procedure Rules suggests that the defendants should file and exchange written submissions first. Advocates representing the other parties asked the court to give apposite directions.
3. I find it necessary to reproduce the provisions of Order 18 Rules 1 and 2 herebelow so that the pertinent issue is cast into its proper perspective. Rules 1 and 2 state as follows:
“Unless the court otherwise orders:
1. On the day fixed for the hearing of the suit, or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case and produce his evidence in support of the issues he is bound to prove.
2. The other party shall then state his case and produce his evidence, and may then address the court generally on the suit. The party beginning may then reply.”
4. I note that rule 2 uses the words “may” twice with respect to addressing the court and replying to that address. The court, however, has the discretion to direct how the parties should move.
5. In my view, Order 18 Rules 1 and 2 relate to proceedings conducted orally. It does not embrace written submissions.
6. It is ordered as follows:
1. The plaintiff is required to file and exchange written submissions within 21 days of this ruling and all other parties to do so within 21 days after receipt of the plaintiff’s written submissions.
2. All submissions must be filed both in hard and soft copies.
3. Parties, by consent, are to come to court for directions on 22nd May, 2019.
Delivered in open Court at Chuka this 1st day of April, 2019
in the presence of:
CA: Ndegwa
Njeru for the Plaintiff
Kiongo hb Murango Mwenda for 1st and 2nd defendants
Kiongo for 3rd, 4th and 5th defendants
P. M .NJOROGE,
JUDGE.