[2023] KEELC 17378 (KLR)
The court exercised its discretion to allow all parties additional time to respond to applications and file written submissions, recognizing the need for procedural fairness and the efficient management of the case. The court also extended the existing interim orders to maintain the status quo until the next mention...
Source-derived case information.
- Citation
- [2023] KEELC 17378 (KLR)
- Parties
- Applicant: Kamais Pius; Applicant: Guyo Wako; Applicant: Shinda Boru; Respondent: China Communication Company; Defendant: Kenya National Highway Authority
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 002 of 2021
- Procedural Posture
- Environment and Land Case / Interlocutory Ruling
- Outcome
- Interlocutory orders granted; timelines for responses and submissions set; interim orders extended.
- Judges
- PM Njoroge
- Legal Topics
- Interlocutory Orders, Case Management, Written Submissions, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kamais Pius
Applicant
Guyo Wako
Applicant
Shinda Boru
Applicant
China Communication Company
Respondent
Kenya National Highway Authority
Defendant
Procedural Posture
Environment and Land Case / Interlocutory Ruling
Legal Issues
- 1 Whether parties should be granted additional time to respond to applications and file submissions.
- 2 Whether interim orders should be extended pending further directions.
Ratio Decidendi
The court exercised its discretion to allow all parties additional time to respond to applications and file written submissions, recognizing the need for procedural fairness and the efficient management of the case. The court also extended the existing interim orders to maintain the status quo until the next mention date, ensuring that no party is prejudiced while the applications are pending. Directions were given for the next court appearance to facilitate further case management.
Court Disposition
Interlocutory orders granted; timelines for responses and submissions set; interim orders extended.
Orders
- All parties are at liberty to respond or further respond to all the applications within 14 days.
- All applicants to file and serve written submissions, not exceeding 3 pages, within 14 days.
Full Case Text
Judgment text and source record
24 paragraphs
Pius & 2 others v China Communication Company & another (Environment & Land Case 002 of 2021) [2023] KEELC 17378 (KLR) (15 May 2023) (Ruling)
Neutral citation: [2023] KEELC 17378 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case 002 of 2021
PM Njoroge, J
May 15, 2023
Between
Kamais Pius
1st Applicant
Guyo Wako
2nd Applicant
Shinda Boru
3rd Applicant
and
China Communication Company
Respondent
and
Kenya National Highway Authority
Defendant
Ruling
1. This ruling concerns case number ELC 001 of 2023 and case number ELC 002 OF 2023.
2. The following orders are issued:a. All parties are at liberty to respond or further respond to all the applications within 14 days of today.b. All the applicants are to file and serve their written submissions, not exceeding 3 pages in word format font 12, within 14 days of today and all the respondents are to file and serve their written submissions within 14 days after receipt of the applicants’ submissions.c. The parties will come to court for directions on June 19, 2023. d. Extant interim orders are extended until June 19, 2023. e. The 2nd defendant is granted 4 days to respond to the applications.
DELIVERED IN OPEN COURT AT ISIOLO THIS 15TH DAY OF MAY, 2023 IN THE PRESENCE OF;-Court assistant: Balozi & RahmaAbdullahi for Interested PartiesKibaara for the 1st defendantMiss Nyasani holding brief for Mugo for the Plaintiff.HON. JUSTICE P.M NJOROGEJUDGE