[2022] KEELC 12815 (KLR)
The plaintiff failed to comply with the court's direction to file an application for amendment within the stipulated period. As a result, there was no application before the court to be determined on the scheduled date. The court, exercising its discretion and in the interest of expeditious disposal of an old suit,...
Source-derived case information.
- Citation
- [2022] KEELC 12815 (KLR)
- Parties
- Plaintiff: John Theuri; Defendant: Anastacia Nyanjui Gikonyo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 261 of 2015
- Procedural Posture
- Environment and Land Case / Ruling on Directions After Failure to File Amendment Application
- Outcome
- Directions issued for hearing of the main suit; no substantive application determined.
- Judges
- FM Njoroge
- Legal Topics
- Estate Administration, Case Management, Adjournment, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Theuri
Plaintiff
Anastacia Nyanjui Gikonyo
Defendant
Procedural Posture
Environment and Land Case / Ruling on Directions After Failure to File Amendment Application
Legal Issues
- 1 Whether the plaintiff complied with the court's direction to file an application for amendment within the stipulated time.
- 2 What directions should be given for the expeditious disposal of the suit.
Ratio Decidendi
The plaintiff failed to comply with the court's direction to file an application for amendment within the stipulated period. As a result, there was no application before the court to be determined on the scheduled date. The court, exercising its discretion and in the interest of expeditious disposal of an old suit, directed that the main suit be set down for hearing. The court further ordered that a mention date be fixed for the purpose of scheduling the hearing, and that the hearing date would be issued even in the absence of the parties, with no further adjournments to be entertained on the scheduled hearing date.
Court Disposition
Directions issued for hearing of the main suit; no substantive application determined.
Orders
- The suit shall be set down for hearing.
- The matter shall be mentioned on October 18, 2022 for fixing of a hearing date.
Full Case Text
Judgment text and source record
21 paragraphs
Theuri (Sued as the legal administrator of the Estate of the late Veronica Wangeci Theuri) v Gikonyo (Sued as the administrator of the estate of John N. Gikonyo (deceased)) (Environment & Land Case 261 of 2015) [2022] KEELC 12815 (KLR) (4 October 2022) (Ruling)
Neutral citation: [2022] KEELC 12815 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case 261 of 2015
FM Njoroge, J
October 4, 2022
Between
John Theuri
Plaintiff
Sued as the legal administrator of the Estate of the late Veronica Wangeci Theuri
and
Anastacia Nyanjui Gikonyo
Defendant
Sued as the administrator of the estate of John N. Gikonyo (deceased)
Ruling
1. On June 20, 2022, the court directed the plaintiff to file an application for amendment within fourteen days while the defendant was to file a response to the application within fourteen days of service of the said application and thereafter the application would have been heard by way of written submissions with the ruling delivered today, October 4, 2022.
2. This court had allowed the plaintiff an adjournment on June 20, 2022 to enable him make an application for amendment to his claim. The plaintiff did not file the application within the time allowed. Of the original purpose of the ruling to be delivered today, and this could have been it, there is therefore nothing to hear and determine and this court can only give directions as to hearing of the main suit.
3. This is an old suit commenced by way of originating summons on September 16, 2015 and it needs be disposed of with expedition.
4. For the foregoing reasons I hereby order that the suit be set down for hearing. The matter shall be mentioned on October 18, 2022 for the fixing of a hearing date in the presence of the parties but the court will nevertheless issue a date in default of attendance in which event no party shall seek to adjourn the hearing later on the scheduled date.
DATED, SIGNED AND ISSUED AT NAKURU VIA ELECTRONIC MAIL ON THIS 4TH DAY OF OCTOBER, 2022. MWANGI NJOROGEJUDGE, ELC, NAKURU