[2017] KEELC 2130 (KLR)
The court found that the plaintiff's explanation for the delay in filing the valuation report was not plausible, particularly given the age of the matter and the parties' longstanding awareness of the Court of Appeal's decision and the directions regarding valuation. The court emphasized the obligation of parties to...
Source-derived case information.
- Citation
- [2017] KEELC 2130 (KLR)
- Parties
- Plaintiff: Peter Kilemi M'Itimitu (Legal representative of the estate of M'Itimitu M'Mwithia - Deceased); Defendant: Diocese of Meru; Defendant: Romano Kobia (Teressa Kaari Kobia as legal representative of Roman Kobia Linyiru - deceased)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- ? 52 of 1998
- Procedural Posture
- Civil Suit / Ruling on Objection to Extension of Time for Filing Valuation Report
- Outcome
- Objection upheld. Plaintiff denied further extension of time to file valuation report.
- Judges
- LN Mbugua
- Legal Topics
- Extension of Time, Court Orders Compliance, Valuation Reports, Compensation Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter Kilemi M'Itimitu (Legal representative of the estate of M'Itimitu M'Mwithia - Deceased)
Plaintiff
Diocese of Meru
Defendant
Romano Kobia (Teressa Kaari Kobia as legal representative of Roman Kobia Linyiru - deceased)
Defendant
Procedural Posture
Civil Suit / Ruling on Objection to Extension of Time for Filing Valuation Report
Legal Issues
- 1 Whether the plaintiff should be granted additional time to file a valuation report as directed by the court.
- 2 Whether the explanation provided by the plaintiff's counsel for the delay is sufficient to warrant extension of time.
Ratio Decidendi
The court found that the plaintiff's explanation for the delay in filing the valuation report was not plausible, particularly given the age of the matter and the parties' longstanding awareness of the Court of Appeal's decision and the directions regarding valuation. The court emphasized the obligation of parties to comply with court orders and declined to grant the plaintiff further time, upholding the defendants' objection.
Court Disposition
Objection upheld. Plaintiff denied further extension of time to file valuation report.
Orders
- The plaintiff is denied further time to file a valuation report.
- The objection by the defendants is upheld.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
CIVIL SUIT NO. 52 OF 1998
PETER KILEMI M'ITIMITU Legal representative of the estate of
M'ITIMITU M'MWITHIA -Deceased...................................................................PLAINTIFF
VERSUS
DIOCESE OF MERU...................................................................................1ST DEFENDANT
ROMANO KOBIA (TERESSA KAARI KOBIAas legal
Representative of ROMAN KOBIA LINYIRU-deceased....................2ND DEFENDANT
R U L I N G
This Ruling is in respect of objection raised by Counsel for Defendants to the effect that Plaintiff should not be given any more time to file a Valuation Report.
I have perused the Courts record, I find that this is a very old matter. The Court of Appeal delivered its Judgment way back on 31. 07. 15. The issue of compensation was to be dealt with by the ELC Court. It therefore follows that parties knew that at some point, the issue of valuation would have to be dealt with. And this is why the Court gave directions regarding valuation on 13. 06. 17.
Pursuant to provisions of Section 1 A (1) of the Civil Procedure Act, a party or an Advocate is obliged to comply with Court's orders.
I find that the explanation given by Plaintiff's counsel is not plausible in view of the fact that parties have all along been aware of the Court of appeal decision. I hence uphold the objection and I decline to grant plaintiff's side more time to file a report.
DELIVERED, DATED AND SIGNED AT MERU THIS 19TH DAY OF JULY, 2017 IN THE PRESENCE OF:-
CA: Janet
Mwiti for Plaintiff
Mutegi for 1st Defendant
Gichuki for 2nd defendant
HON. L. N. MBUGUA
JUDGE