[2022] KEELC 109 (KLR)
The court exercised its discretion to ensure fairness and procedural justice by granting the respondent's advocate 14 days to file and serve written submissions, noting that the appellant had already complied with previous directions. The court further directed that parties would take directions on a specified...
Source-derived case information.
- Citation
- [2022] KEELC 109 (KLR)
- Parties
- Appellant: Wako Galgallo Tadi; Respondent: Hassan Boru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 008 of 2021
- Procedural Posture
- Environment and Land Appeal / Interlocutory Ruling on Filing and Submissions
- Outcome
- Interlocutory orders granted; respondent given time to file submissions; directions scheduled.
- Judges
- PM Njoroge
- Legal Topics
- Appeal Record Filing, Leave to File Submissions, Directions on Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wako Galgallo Tadi
Appellant
Hassan Boru
Respondent
Procedural Posture
Environment and Land Appeal / Interlocutory Ruling on Filing and Submissions
Legal Issues
- 1 Whether the respondent should be granted additional time to file and serve written submissions.
- 2 Whether directions should be issued for the further conduct of the appeal.
Ratio Decidendi
The court exercised its discretion to ensure fairness and procedural justice by granting the respondent's advocate 14 days to file and serve written submissions, noting that the appellant had already complied with previous directions. The court further directed that parties would take directions on a specified future date to facilitate the orderly progression of the appeal. These orders were made to balance the interests of both parties and to avoid prejudice, in line with the court's duty to manage proceedings efficiently and fairly.
Court Disposition
Interlocutory orders granted; respondent given time to file submissions; directions scheduled.
Orders
- Respondent’s advocate granted 14 days to file and serve written submissions.
- Parties to take directions on 20/6/2022.
Full Case Text
Judgment text and source record
18 paragraphs
Tadi v Boru (Environment and Land Appeal 008 of 2021) [2022] KEELC 109 (KLR) (30 May 2022) (Ruling)
Neutral citation: [2022] KEELC 109 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment and Land Appeal 008 of 2021
PM Njoroge, J
May 30, 2022
Between
Wako Galgallo Tadi
Appellant
and
Hassan Boru
Respondent
Ruling
1. On 14/3/2022, I issued the following orders:a)The Applicant is granted 14 days to file a corrected record of Appeal.b)Liberal leave is granted to parties to further respond, as and if necessary, before the next mention dated.c)Directions on 30/5/2022.
2. Although the appellant has filed and served submissions, the advocate holding brief for the Respondent asked the Court to give the Respondent’s advocate 14 days to file and serve his submissions.
3. The following orders are issued:a) Respondent’s advocate granted 14 days to file and serve written submissions.b) Parties will take directions on 20/6/2022.
WRITTEN AND DELIVERED IN OPEN COURT AT ISIOLO THIS 30TH DAY OF MAY, 2022 IN THE PRESENCE OFCourt Assistant: DengeM/S Nyasani for the AppellantNyenyire h/b Webster Kiniathu for the Respondent.HON. JUSTICE P. M. NJOROGEJUDGE