[2024] KEELC 378 (KLR)
The court found that due to confusion and lack of clarity regarding the identification, filing, and service of pleadings and submissions by the parties, it is not possible to render a final judgment. The court emphasized that only when all parties have sufficiently identified their pleadings and submissions can...
Source-derived case information.
- Citation
- [2024] KEELC 378 (KLR)
- Parties
- Plaintiff: Jagdishchandra Ambalal Patel; Defendant: Kantibhai Mahijibhai Patel; Defendant: Bulakhibhai Ambalal Patel
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case Civil Suit 506 of 2018
- Procedural Posture
- Civil Suit / Ruling on Readiness for Judgment; Directions on Pleadings and Submissions
- Outcome
- Directions on delivery of judgment set aside; parties to clarify pleadings and submissions before judgment can be delivered.
- Judges
- LN Mbugua
- Legal Topics
- Pleadings Identification, Affidavit Evidence, Bundle of Documents, Judgment Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jagdishchandra Ambalal Patel
Plaintiff
Kantibhai Mahijibhai Patel
Defendant
Bulakhibhai Ambalal Patel
Defendant
Procedural Posture
Civil Suit / Ruling on Readiness for Judgment; Directions on Pleadings and Submissions
Legal Issues
- 1 Whether the parties have properly identified and served all pleadings and submissions required for judgment determination.
- 2 Whether the court can proceed to deliver judgment in the absence of clear and complete pleadings and submissions.
Ratio Decidendi
The court found that due to confusion and lack of clarity regarding the identification, filing, and service of pleadings and submissions by the parties, it is not possible to render a final judgment. The court emphasized that only when all parties have sufficiently identified their pleadings and submissions can directions on judgment be given. As a result, previous directions on the delivery of judgment are set aside, and parties are directed to clarify and properly serve all relevant documents before the matter can proceed to judgment.
Court Disposition
Directions on delivery of judgment set aside; parties to clarify pleadings and submissions before judgment can be delivered.
Orders
- The directions previously given by the court on delivery of judgment are hereby set aside.
- Parties are directed to sufficiently identify their pleadings and submissions.
Full Case Text
Judgment text and source record
23 paragraphs
Patel v Patel & another (Environment and Land Case Civil Suit 506 of 2018) [2024] KEELC 378 (KLR) (25 January 2024) (Ruling)
Neutral citation: [2024] KEELC 378 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment and Land Case Civil Suit 506 of 2018
LN Mbugua, J
January 25, 2024
Between
Jagdishchandra Ambalal Patel
Plaintiff
and
Kantibhai Mahijibhai Patel
1st Defendant
Bulakhibhai Ambalal Patel
2nd Defendant
Ruling
1. This matter was scheduled for judgment for the upteenth time on 25. 1.2024. The court noted that the matter was to be determined via affidavit evidence and submissions of which on 5. 10. 2023, the court had directed parties to file/serve all their documents and submissions in a bundle.
2. For the plaintiff, the court was notified that he was also relying on a Supplementary Affidavit filed on 18. 4.2019. A perusal of plaintiffs bundle reveals that this pleading is in that bundle. However, the court also came across yet another supplementary affidavit dated 21. 3.2019 and it is not clear if the same was filed and served or that it will be relied upon.
3. For the 1st defendant, I did not see any bundle, his pleadings and submissions. His Replying Affidavit dated 8. 5.2019 filed on 20. 6.2019 doesn’t indicate that it was a response to the Originating Summon. His other Replying Affidavit dated 19. 2.2020 filed on 26. 2.2020 was in response to plaintiffs application to amend the plaint.
4. As for the 2nd defendant, he does have a bundle with a Replying Affidavit filed on 8. 2.2019 in response to the Originating Summon. However, his submissions dated 31. 5.2019 relate to the notice of motion application dated 15. 11. 2018.
5. It is not lost to this court that this mix up is the one which rendered the delivery of Judgment earlier on impossible going by the proceedings of 21. 11. 2019.
6. In light of the foregoing, it has again become difficult to render a final decision in the matter. To this end, the court gives directions for the parties to sufficiently identify their pleadings and submissions. Only then will the court give directions on the judgment. As at now, the directions given by the court on delivery of judgment be hereby set aside.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 25TH DAY OF JANUARY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-M/s Munene for 2nd DefendantCourt Assistant: Eddel