[2024] KECA 951 (KLR)
The court determined that, since neither party had filed submissions as previously directed, it was not possible to proceed with the hearing of the application. Pursuant to Rule 58(1) of the Court of Appeal Rules, 2022, the court exercised its discretion to adjourn the matter. The application was therefore adjourned...
Source-derived case information.
- Citation
- [2024] KECA 951 (KLR)
- Parties
- Applicant: Peter H Tenna; Applicant: Wycliffe Winston Waita; Respondent: Sarah Joslyn; Respondent: Nakuru County Land Registrar; Respondent: Nakuru County Surveyor; Respondent: Nakuru County Land Control Board; Respondent: Commissioner for Lands; Respondent: Attorney General
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Application E148 of 2023
- Procedural Posture
- Civil Application / Application for Leave to Appeal; Adjournment for Non Compliance With Filing Directions
- Outcome
- Application adjourned for case management due to non-compliance with filing directions.
- Judges
- WK Korir
- Legal Topics
- Leave to Appeal, Adjournment of Hearing, Case Management, Non Compliance With Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter H Tenna
Applicant
Wycliffe Winston Waita
Applicant
Sarah Joslyn
Respondent
Nakuru County Land Registrar
Respondent
Nakuru County Surveyor
Respondent
Nakuru County Land Control Board
Respondent
Commissioner for Lands
Respondent
Attorney General
Respondent
Procedural Posture
Civil Application / Application for Leave to Appeal; Adjournment for Non Compliance With Filing Directions
Legal Issues
- 1 Whether the application for leave to appeal could proceed in the absence of parties' submissions as directed.
- 2 Whether the matter should be adjourned for case management due to non-compliance with filing directions.
Ratio Decidendi
The court determined that, since neither party had filed submissions as previously directed, it was not possible to proceed with the hearing of the application. Pursuant to Rule 58(1) of the Court of Appeal Rules, 2022, the court exercised its discretion to adjourn the matter. The application was therefore adjourned and directed to proceed for case management before a fresh hearing date is fixed.
Court Disposition
Application adjourned for case management due to non-compliance with filing directions.
Orders
- The application is adjourned pursuant to Rule 58(1) of the Court of Appeal Rules, 2022.
- The matter to proceed for case management before a fresh hearing date is fixed.
Full Case Text
Judgment text and source record
29 paragraphs
Tenna & another v Joslyn & 5 others (Civil Application E148 of 2023) [2024] KECA 951 (KLR) (26 July 2024) (Order)
Neutral citation: [2024] KECA 951 (KLR)
Republic of Kenya
In the Court of Appeal at Nakuru
Civil Application E148 of 2023
WK Korir, JA
July 26, 2024
Between
Peter H Tenna
1st Applicant
Wycliffe Winston Waita
2nd Applicant
and
Sarah Joslyn
1st Respondent
Nakuru County Land Registrar
2nd Respondent
Nakuru County Surveyor
3rd Respondent
Nakuru County Land Control Board
4th Respondent
Commissioner for Lands
5th Respondent
Attorney General
6th Respondent
(Being an application for leave to file an appeal against the Ruling of the Environment and Land Court at Nakuru (A.Ombwayo, J.) dated 22nd September 2023inE&LC Case No. 16 of 2022 Environment & Land Case E016 of 2022 )
Order
1. Although this matter was listed for hearing on 26th April 2024, the parties had not filed submissions as directed. The application is adjourned pursuant to Rule 58(1) of the Court of Appeal Rules,2022. The matter to proceed for case management before a fresh hearing date is fixed.
MADE AND DELIVERED AT NAKURU THIS 26TH DAY OF JULY, 2024W. KORIRJUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR