[2021] KEELC 3588 (KLR)
The court found that the request to delay setting a judgment date until all advocates were present lacked merit. The judge reasoned that all parties had filed and exchanged submissions, and there was no justifiable basis to postpone the fixing of a judgment date merely due to the absence of counsel for some parties,...
Source-derived case information.
- Citation
- [2021] KEELC 3588 (KLR)
- Parties
- Applicant: Republic; Respondent: Cabinet Secretary Ministry of Lands & Physical Planning; Respondent: Director of Land Adjudication & Settlement; Respondent: Chief Land Registrar; Respondent: Attorney General of Kenya; Interested Party: Rauni Nkari; Applicant: Phares Mugambi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Case E002 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Prayer to Delay Judgment Date
- Outcome
- prayer to delay judgment date dismissed; judgment date fixed
- Legal Topics
- Judicial Review Procedure, Adjournment of Judgment, Land Adjudication Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Cabinet Secretary Ministry of Lands & Physical Planning
Respondent
Director of Land Adjudication & Settlement
Respondent
Chief Land Registrar
Respondent
Attorney General of Kenya
Respondent
Rauni Nkari
Interested Party
Phares Mugambi
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Prayer to Delay Judgment Date
Legal Issues
- 1 Whether the court should delay pronouncement of the judgment date until all advocates for the parties are present in court.
Ratio Decidendi
The court found that the request to delay setting a judgment date until all advocates were present lacked merit. The judge reasoned that all parties had filed and exchanged submissions, and there was no justifiable basis to postpone the fixing of a judgment date merely due to the absence of counsel for some parties, especially where proper notice had been given. The court emphasized the need for expeditious disposal of matters and held that the administration of justice should not be stalled by procedural technicalities or absence of counsel when parties have had the opportunity to participate. Consequently, the prayer to delay was dismissed, and a date for delivery of judgment was set.
Court Disposition
prayer to delay judgment date dismissed; judgment date fixed
Orders
- The prayer that the date for judgment be delayed until all advocates come to court is dismissed.
- Judgment will be delivered on 23.6.2021.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC MISCELLANEOUS JUDICIAL REVIEW APPLICATION CASE NO. E002 OF 2020
REPUBLIC.........................................................................APPLICANT
VERSUS
THE CABINET SECRETARY MINISTRY
OF LANDS & PHYSICAL PLANNING.................1ST RESPONDENT
THE DIRECTOR OF LAND
ADJUDICATION & SETTLEMENT........................2ND RESPONDENT
THE CHIEF LAND REGISTRAR...........................3RD RESPONDENT
THE ATTORNEY GENERAL OF KENYA..............4TH RESPONDENT
AND
RAUNI NKARI....................................................INTERESTED PARTY
PHARES MUGAMBI.......................................EXPARTE APPLICANT
RULING
1. The parties were directed to come to court on 26. 4.2021 to confirm filing of submissions.
2. On 26. 4.2021 advocate Kijaru told the court that he was holding brief for Mr. Momanyi, the ex-parte applicant’s advocate. He also informed the court that he was also holding brief for Mr. Mugo for the Interested Party.
3. Mr. Kijaru told the court that all the parties had filed and exchanged their submissions. As the counsel for the 1st, 2nd, 3rd and 4th Respondents was not in court, he asked the court not to give a date for delivery of the apposite judgment to give the counsel for the 1st to 4th Respondents a chance to be present when the date for judgment would be given. He so prayed.
4. Upon consideration of this matter, I find the prayer not to pronounce a date for judgment until all advocates for the parties are in court to be without merit.
5. In the circumstances, the following orders are issued:
a) The prayer that the date for judgment be delayed until all advocates come to court is dismissed.
b) Judgment will be delivered on 23. 6.2021.
WRITTEN AND DELIVERED IN OPEN COURT AT CHUKA THIS 26TH DAY OF APRIL, 2021
in the presence of:
CA: Ndegwa
Kijaru h/b I.C. Mugo for the Interested Party
Kijaru h/b Momanyi for the ex-parte Applicant
Kiongo absent for 1st, 2nd, 3rd and 4th Respondents
P. M. NJOROGE,
JUDGE.