[2022] KEELC 3611 (KLR)
The court exercised its discretion to facilitate the fair and efficient hearing of the pending application by directing that it be canvassed by way of written submissions. Timelines were set for the applicant and respondents to file and serve their submissions, and for service of the court's orders. These directions...
Source-derived case information.
- Citation
- [2022] KEELC 3611 (KLR)
- Parties
- Plaintiff: Abdi Abkulla Tari; Respondent: Election Co-ordinator IEBC Isiolo North & Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E012 of 2021
- Procedural Posture
- Environment and Land Case / Directions on Interlocutory Application
- Outcome
- Directions issued for hearing of application by written submissions.
- Judges
- PM Njoroge
- Legal Topics
- Case Management, Interlocutory Applications, Written Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdi Abkulla Tari
Plaintiff
Election Co-ordinator IEBC Isiolo North & Others
Respondent
Procedural Posture
Environment and Land Case / Directions on Interlocutory Application
Legal Issues
- 1 Whether directions should be issued for the hearing of the application dated 4/4/2022.
- 2 What procedure should govern the hearing of the pending application.
Ratio Decidendi
The court exercised its discretion to facilitate the fair and efficient hearing of the pending application by directing that it be canvassed by way of written submissions. Timelines were set for the applicant and respondents to file and serve their submissions, and for service of the court's orders. These directions ensure procedural fairness and compliance with the principles of case management under the Civil Procedure Rules.
Court Disposition
Directions issued for hearing of application by written submissions.
Orders
- The application dated 4/4/2022 to be canvassed by way of written submissions.
- The applicant to file and serve written submissions within 7 days of 16/5/2022.
Full Case Text
Judgment text and source record
17 paragraphs
Tari v Election Co-ordinator IEBC Isiolo North & Others (Environment & Land Case E012 of 2021) [2022] KEELC 3611 (KLR) (16 May 2022) (Ruling)
Neutral citation: [2022] KEELC 3611 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case E012 of 2021
PM Njoroge, J
May 16, 2022
Between
Abdi Abkulla Tari
Plaintiff
and
Election Co-ordinator IEBC Isiolo North & Others
Respondent
Ruling
1. On 16/5/2022, Advocate C.B. Mwongela told the Court that he only came to know about the directions concerning his application dated 4th April, 2022 issued on 21/3/2022 after 9/5/2022 when the parties were directed to come to Court for further directions. He asked the Court to issued directions to facilitate the hearing of his application.
2. Upon hearing advocate C.B Mwongela, I issue the following directions:1. The application dated 4/4/2022 to be canvassed by way of Written Submissions with the applicant filing and serving written submissions within 7 days of today and the respondents to do so within 7 days after receipt of the applicant’s submissions.2. The applicant to serve the orders issued by the court upon the respondents within 5 days of today.3. Directions on 24/5/2022.
DELIVERED IN OPEN COURT AT ISIOLO THIS 16TH DAY OF MAY, 2022 IN THE PRESENCE OF:Court Assistant: BaloziC.B Mwongela for the ApplicantHON. JUSTICE P. M. NJOROGEJUDGE