[2022] KEELC 3387 (KLR)
The court declined to fix a date for the ruling because not all submissions had been filed. The court emphasized that it is not advisable to set a ruling date until all parties have filed their submissions, to ensure fairness and procedural regularity. The respondent was granted three days to file and serve...
Source-derived case information.
- Citation
- [2022] KEELC 3387 (KLR)
- Parties
- Plaintiff: Abdi Abkulla Tari; Defendant: Election Co-ordinator IEBC Isiolo North & 3 others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Cause 012 of 2021
- Procedural Posture
- Cause / Directions Hearing; Interlocutory Ruling on Submissions Timeline
- Outcome
- Interlocutory orders issued; no final determination.
- Judges
- PM Njoroge
- Legal Topics
- Filing of Submissions, Court Directions, Timelines for 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 & 3 others
Defendant
Procedural Posture
Cause / Directions Hearing; Interlocutory Ruling on Submissions Timeline
Legal Issues
- 1 Whether the court should fix a date for ruling before all parties have filed their submissions.
- 2 Whether the respondent should be granted additional time to file submissions.
Ratio Decidendi
The court declined to fix a date for the ruling because not all submissions had been filed. The court emphasized that it is not advisable to set a ruling date until all parties have filed their submissions, to ensure fairness and procedural regularity. The respondent was granted three days to file and serve submissions, after which the parties would return for further directions.
Court Disposition
Interlocutory orders issued; no final determination.
Orders
- The respondent is granted 3 days to file and serve submissions.
- Parties to attend court for directions on 27/6/2022.
Full Case Text
Judgment text and source record
19 paragraphs
Tari v Election Co-ordinator IEBC Isiolo North & 3 others (Cause 012 of 2021) [2022] KEELC 3387 (KLR) (24 May 2022) (Ruling)
Neutral citation: [2022] KEELC 3387 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Cause 012 of 2021
PM Njoroge, J
May 24, 2022
Between
Abdi Abkulla Tari
Plaintiff
and
Election Co-ordinator IEBC Isiolo North & 3 others
Defendant
Ruling
1. When this matter came up for directions on 24/5/2022, the plaintiff told the court that the defendant/applicant had served his submissions on 24/5/2022 (today) in court. The applicant asked the court to give a date for delivery of the rulings.
2. Advocate Halkano for the defendants/respondents asked for 2 days to file his submissions. He asked the court to give a date for delivery of the ruling.
3. Experience has taught this court that it is not advisable to give a date for a ruling unless all the submissions are in the court file. I will, therefore, decline to give a date for the ruling.
4. The following orders are issued:a.The respondent is granted 3 days to file and serve he apposite submissions.b.Parties will come to court for directions on 27/6/2022.
DELIVERED IN OPEN COURT AT ISIOLO THIS 24TH DAY OF MAY, 2022 IN THE PRESENCE OF:Court Assistant: BaloziWangui for the ApplicantHalkano Abdullahi for the RespondentHON. JUSTICE P.M. NJOROGEJUDGE