[2019] KEELC 2783 (KLR)
The court determined that it is in the interest of justice to allow the application, as this would enable all parties to properly present their cases and ensure that the Attorney General, who may provide material evidence regarding the disputed transactions, is able to participate fully. The court exercised its...
Source-derived case information.
- Citation
- [2019] KEELC 2783 (KLR)
- Parties
- Plaintiff: Rivandra Ratilal Tailor; Plaintiff: James Kariuki Karanja; Plaintiff: Kenneth Kipkemboi Koech; Defendant: John Wamakonjio; Defendant: County Land Registrar, Uasin Gishu County; Defendant: The Hon. Attorney General; Defendant: Alice Chepchumba Chesire; Defendant: Jonathan Bett; Defendant: John Kimutai Tunduny; Defendant: Shadrack Ngugi Kamau; Defendant: David Samoei; Defendant: Stephen Ndung'u
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1016 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application allowed
- Judges
- A Ombwayo
- Legal Topics
- Reply to Defence, Defence to Counterclaim, Filing of Documents, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rivandra Ratilal Tailor
Plaintiff
James Kariuki Karanja
Plaintiff
Kenneth Kipkemboi Koech
Plaintiff
John Wamakonjio
Defendant
County Land Registrar, Uasin Gishu County
Defendant
The Hon. Attorney General
Defendant
Alice Chepchumba Chesire
Defendant
Jonathan Bett
Defendant
John Kimutai Tunduny
Defendant
Shadrack Ngugi Kamau
Defendant
David Samoei
Defendant
Stephen Ndung'u
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the application to allow filing of reply to defence and defence to counterclaim should be granted.
- 2 Whether the Attorney General's evidence is necessary for the just determination of the dispute.
- 3 Whether parties should be allowed to file and exchange documents before hearing.
Ratio Decidendi
The court determined that it is in the interest of justice to allow the application, as this would enable all parties to properly present their cases and ensure that the Attorney General, who may provide material evidence regarding the disputed transactions, is able to participate fully. The court exercised its discretion to allow the filing of replies to defence and defences to counterclaim, and directed the parties to file and exchange documents within a specified period to facilitate a fair and informed hearing.
Court Disposition
application allowed
Orders
- Plaintiff, 1st, 4th and 9th defendant to file reply to defence and defence to counterclaim within 21 days.
- Hearing set for 15th October 2019.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT ELDORET
E & L CASE NO. 1016 OF 2012
RIVANDRA RATILAL TAILOR....................................................1ST PLAINTIFF
JAMES KARIUKI KARANJA.......................................................2ND PLAINTIFF
KENNETH KIPKEMBOI KOECH................................................3RD PLAINTIFF
VERSUS
JOHN WAMAKONJIO..................................................................1ST DEFENDANT
COUNTY LAND REGISTRAR, UASIN GISHU COUNTY......2ND DEFENDANT
THE HON. ATTORNEY GENERAL..........................................3RD DEFENDANT
ALICE CHEPCHUMBA CHESIRE............................................4TH DEFENDANT
JONATHAN BETT.........................................................................5TH DEFENDANT
JOHN KIMUTAI TUNDUNY.......................................................6TH DEFENDANT
SHADRACK NGUGI KAMAU....................................................7TH DEFENDANT
DAVID SAMOEI.............................................................................8TH DEFENDANT
STEPHEN NDUNG’U.....................................................................9TH DEFENDANT
RULING
I have considered the Notice of Motion dated 21. 5.2019 and the grounds of the application therein and the grounds of opposition filed by the 1st, 4th and 9th defendants and do find that it is in the interest of justice that the application be allowed to enable the court make an informed decision as the Attorney General is likely to give evidence as to the transactions that caused the dispute herein. The plaintiff, 1st, 4th and 9th defendant to file reply to defence and defence to counterclaim within 21 days. Hearing on 15. 10. 2019. Parties to file and exchange documents within the next 30 days.
Dated and delivered at Eldoret this 3rd day of June, 2019.
A. OMBWAYO
JUDGE