[2019] KEELC 2908 (KLR)
The court determined that, given the commonality of parties and issues in ELC Numbers 10, 11, 12, and 13 of 2018, it is just and efficient to adopt the defences filed in ELC 12 of 2018 as the defences in ELC Numbers 10, 11, and 13 of 2018. However, the court declined to extend this adoption to ELC 14 of 2018, noting...
Source-derived case information.
- Citation
- [2019] KEELC 2908 (KLR)
- Parties
- Applicant: Njeru Phillip Njoka; Respondent: Benjamin Collins Mati; Respondent: Gerrald Nyagi Wilson
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 12 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Adoption of Defences and Directions
- Outcome
- Defences in ELC 12 of 2018 adopted as defences in ELC Numbers 10, 11, and 13 of 2018; not adopted for ELC 14 of 2018. Directions issued for filing of submissions and further conduct.
- Judges
- FM Njoroge
- Legal Topics
- Adoption of Pleadings, Case Management, Directions, Written Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njeru Phillip Njoka
Applicant
Benjamin Collins Mati
Respondent
Gerrald Nyagi Wilson
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Adoption of Defences and Directions
Legal Issues
- 1 Whether the defences in ELC 12 of 2018 can be adopted as defences in ELC Numbers 10, 11, 13, and 14 of 2018.
- 2 What directions should be issued regarding the filing of submissions and further conduct of the related cases.
Ratio Decidendi
The court determined that, given the commonality of parties and issues in ELC Numbers 10, 11, 12, and 13 of 2018, it is just and efficient to adopt the defences filed in ELC 12 of 2018 as the defences in ELC Numbers 10, 11, and 13 of 2018. However, the court declined to extend this adoption to ELC 14 of 2018, noting that the appropriateness of such adoption should be canvassed when ELC 14 is heard. The court further directed all parties to file written submissions within 21 days and scheduled the matter for directions by consent. These directions were issued to streamline the proceedings and avoid unnecessary duplication, while preserving the right of parties in ELC 14 to address the...
Court Disposition
Defences in ELC 12 of 2018 adopted as defences in ELC Numbers 10, 11, and 13 of 2018; not adopted for ELC 14 of 2018. Directions issued for filing of submissions and further conduct.
Orders
- Defences in ELC 12 of 2018 (OS) are adopted as defences in ELC Numbers 10, 11, and 13 (all OS) of 2018.
- All parties to simultaneously file written submissions, including soft copies, within 21 days of the ruling date.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 12 OF 2018
NJERU PHILLIP NJOKA....................................APPLICANT
VERSUS
BENJAMIN COLLINS MATI..................1ST RESPONDENT
GERRALD NYAGI WILSON.................2ND RESPONDENT
RULING
1. When this matter came up for directions on 19th June, 2019, the parties urged the court to consider the defences in this case as defences in ELC Numbers 10, 11, 13 and 14, all of 2018, which all share the same defendants. This matter was canvassed again on 24th June, 2019.
2. The court notes that ELC number 14 of 2018 will be heard on 8th July, 2019. I, therefore, do not allow the defences in ELC 12 of 2018 to be defences in ELC 14 of 2018. This issue will be canvassed on 8th July 2019 when ELC 14 of 2018 will be heard.
3. In the circumstances it is directed as follows;
a) Defences in ELC 12 of 2018 (OS) are adopted as defences in ELC Numbers 10, 11 and 13 (all OS) and of 2018
b) All parties to simultaneously file written submissions including soft copies thereof, within 21 days of today.
c) By consent, parties to come to court for directions on 23. 9.2019.
4. Orders accordingly.
Delivered in open Court at Chuka this 24th day of June, 2019 in the presence of:
CA: Ndegwa
IC Mugo for the Plaintiff/Applicant
M/s Ambani for the 2nd Defendant/Respondent
Benjamin Collins Mati – 1st Defendant/Respondent
P.M. NJOROGE
JUDGE