[2018] KEELC 4277 (KLR)
The court held that before it can determine whether the applicant should be granted leave to sue as a pauper, it must be satisfied that the applicant's allegations demonstrate a cause of action, as required by Order 33 Rule 5(d) of the Civil Procedure Rules. To make this determination, the applicant must provide...
Source-derived case information.
- Citation
- [2018] KEELC 4277 (KLR)
- Parties
- Plaintiff: Nancy Wanjira Wahome; Defendant: Issac Ongeri; Defendant: Definida Ragid Ongeri; Defendant: Samuel Mairura
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 344 of 2016
- Procedural Posture
- Miscellaneous Application / Interlocutory Order on Application to Sue as Pauper
- Outcome
- interlocutory order; further documents required before determination
- Legal Topics
- Pauper Proceedings, Leave to Sue as Pauper, Cause of Action Assessment, Documentary Evidence Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nancy Wanjira Wahome
Plaintiff
Issac Ongeri
Defendant
Definida Ragid Ongeri
Defendant
Samuel Mairura
Defendant
Procedural Posture
Miscellaneous Application / Interlocutory Order on Application to Sue as Pauper
Legal Issues
- 1 Whether the applicant has provided sufficient documentary evidence to support her application to sue as a pauper.
- 2 Whether the applicant's allegations demonstrate a cause of action as required under Order 33 Rule 5(d) of the Civil Procedure Rules.
Ratio Decidendi
The court held that before it can determine whether the applicant should be granted leave to sue as a pauper, it must be satisfied that the applicant's allegations demonstrate a cause of action, as required by Order 33 Rule 5(d) of the Civil Procedure Rules. To make this determination, the applicant must provide documentary evidence supporting her claims, including proof of her alleged interest in the property, copies of relevant criminal judgments, and any complaint letters referenced. The court therefore directed the applicant to file a further affidavit annexing these documents within 30 days, after which the application would be further assessed.
Court Disposition
interlocutory order; further documents required before determination
Orders
- The applicant shall file a further affidavit annexing all referenced documents within 30 days.
- The matter is set for mention on 23 April 2018 for further assessment of the application dated 22 July 2016.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
MISC. APPLICATION NO.344 OF 2016
NANCY WANJIRA WAHOME...................................PLAINTIFF
VERSUS
ISSAC ONGERI..................................................1ST DEFENDANT
DEFINIDA RAGID ONGERI...........................2ND DEFENDANT
SAMUEL MAIRURA.......................................3RD DEFENDANT
ORDER
1. I have perused the application dated 22 July 2016 vide which the applicant wishes to sue as a pauper. I have also looked at her claim and the particulars thereof. Before I deal any further with the application, I need to see the documents which the applicant wishes to rely on. She has stated inter alia that she was beneficiary of the plot described as plot No.1099 Oljorai Settlement Scheme (Olesiria Nursery). I need to see a document to this effect. She has further claimed that the proposed 1st defendant was charged through Criminal case No. 827 of 2010, Republic Vs Isaac Ongeri. I need to see a copy of the judgment. She has also stated that she herself was charged in Criminal case No.5562/2010, Republic Vs Nancy Wanjira, and that she was acquitted. I also need to see a copy of this judgment. She has mentioned that she has written some complaint letters which I also need to see.
2. All these documents to be annexed in a further affidavit sworn by the applicant, and the same be filed in 30 days.
3. I need these documents so that I can satisfy myself, as to whether or not the allegations of the plaintiff, demonstrate a cause of action as required vide the provisions of order 33 Rule 5 (d).
4. I will mention this case on 23 April 2018, for further assessment of the application dated 22 July 2016.
5. It is so ordered.
Dated, signed and delivered in open court at Nakuru this 27th day of February 2018.
JUSTICE MUNYAO SILA
ENVIRONMENT & LAND COURT AT NAKURU
In presence of : -
Applicant in person.
In attendance: Mr. Kisilah Advocate of whom the court has requested whether he can assist the applicant.
Court Assistant: Janepher Nelima
JUSTICE MUNYAO SILA
ENVIRONMENT & LAND COURT AT NAKURU