[2019] KEELC 2877 (KLR)
The court accepted the parties' consent to adopt the defences from ELC 12 of 2018 (OS) as the defences in the present case, recognizing that such adoption is permissible where all parties agree and it serves the interests of judicial economy. The court further exercised its case management powers to direct the...
Source-derived case information.
- Citation
- [2019] KEELC 2877 (KLR)
- Parties
- Applicant: Robert Moffat Njoka; Respondent: Benjamin Collins Mati; Respondent: Gerrald Nyagi Wilson
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 11 of 2018
- Procedural Posture
- Land and Property Application / Directions Hearing
- Outcome
- Directions issued by consent; defences adopted; timelines for submissions set.
- Judges
- FM Njoroge
- Legal Topics
- Adoption of Pleadings, Case Management, Written Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Moffat Njoka
Applicant
Benjamin Collins Mati
Respondent
Gerrald Nyagi Wilson
Respondent
Procedural Posture
Land and Property Application / Directions Hearing
Legal Issues
- 1 Whether the defences in ELC 12 of 2018 (OS) can be adopted as defences in ELC 11 of 2018 (OS).
- 2 What directions should be issued regarding the filing of submissions and management of case documents.
Ratio Decidendi
The court accepted the parties' consent to adopt the defences from ELC 12 of 2018 (OS) as the defences in the present case, recognizing that such adoption is permissible where all parties agree and it serves the interests of judicial economy. The court further exercised its case management powers to direct the simultaneous filing of written submissions within 21 days and required parties to provide separate hard and soft copies for each file, ensuring clarity and efficiency in the conduct of the proceedings. These directions were issued by consent and are binding on all parties.
Court Disposition
Directions issued by consent; defences adopted; timelines for submissions set.
Orders
- Defences in ELC 12 of 2018 (OS) are adopted as defences in ELC 11 of 2018 (OS) by consent.
- Parties to file written submissions and soft copies within 21 days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 11 OF 2018
ROBERT MOFFAT NJOKA........................................APPLICANT
VERSUS
BENJAMIN COLLINS MATI.........................1ST RESPONDENT
GERRALD NYAGI WILSON.........................2ND RESPONDENT
RULING
1. This matter came for defence hearing on 24th June, 2019. Mr. I.C. Mugo, the plaintiff’s advocate, told the court that he and M/s Ambani, the 2nd defendant’s advocate had agreed to adopt the defences in ELC 12 of 2018 (OS) as the defences in this case. The 1st defendant agreed.
2. The following directions are issued:
a) By consent, defences in ELC 12 of 2018 (OS) be adopted as defences in ELC 11 of 2018 (OS).
b) Parties are granted 21 days to simultaneously file their written submissions and soft copies thereof.
3. Parties to avail separate hard and soft copies for each of the 2 files.
4. Directions, by consent, on 23. 9.2019
5. It is so ordered.
Delivered in open Court at Chuka this 24th day of June, 2019 in the presence of:
CA: Ndegwa
IC Mugo for the Plaintiff/Applicant
M/s Ambani for the Defendant/Respondent
P.M. NJOROGE
JUDGE