[2024] KEELC 5811 (KLR)

[2024] KEELC 5811 (KLR)

The court found that the plaintiff's advocate had not complied with the order made on 6/3/2024 to produce a necessary exhibit, and that the exhibit requested to be returned to the Mombasa law courts was not available. In the absence of this material evidence, the court determined that it could not proceed to...

Source-derived case information.

Citation
[2024] KEELC 5811 (KLR)
Parties
Plaintiff: Mwabeja Clan Welfare; Defendant: Sanjay Samji Jira; Defendant: Kennedy Kipyego Kosgei; Defendant: George Ndung'u Maina; Defendant: Director of Surveys; Defendant: Registrar of Titles; Defendant: Attorney General
Court
Environment and Land Court
Court Station
Environment and Land Court at Malindi
Jurisdiction
Kenya
Case Number
Environment & Land Case 93 of 2021
Procedural Posture
Environment and Land Case / Ruling on Compliance With Court Order and Deferral of Judgment
Outcome
Judgment deferred pending production of exhibit; matter to be mentioned for further directions.
Judges
FM Njoroge
Legal Topics
Case Management, Production of Evidence, Court Orders
Source Language
en
Civil Procedure Land and Property Case Management Production of Evidence Court Orders

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Summary, issues, holding and outcome

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Parties

Mwabeja Clan Welfare

Plaintiff

Sanjay Samji Jira

Defendant

Kennedy Kipyego Kosgei

Defendant

George Ndung'u Maina

Defendant

Director of Surveys

Defendant

Registrar of Titles

Defendant

Attorney General

Defendant

Procedural Posture

Environment and Land Case / Ruling on Compliance With Court Order and Deferral of Judgment

Legal Issues

  1. 1 Whether the plaintiff's advocate complied with the court order of 6/3/2024 regarding production of an exhibit.
  2. 2 Whether the absence of the requested exhibit justifies deferral of judgment.

Ratio Decidendi

The court found that the plaintiff's advocate had not complied with the order made on 6/3/2024 to produce a necessary exhibit, and that the exhibit requested to be returned to the Mombasa law courts was not available. In the absence of this material evidence, the court determined that it could not proceed to complete and deliver judgment. Accordingly, the court deferred the completion of the judgment until the exhibit is availed, and directed the Deputy Registrar to call for the record and attach it to the file. The matter was set for mention on 8/10/2024 to confirm the availability of the record and to issue a fresh judgment date.

Court Disposition

Judgment deferred pending production of exhibit; matter to be mentioned for further directions.

Orders

  • Completion of judgment is deferred until the requested exhibit is availed.
  • The Deputy Registrar shall call for the said record and attach it to the file.