Alfred Karasha Sankale & another v Simeon Joseph Ole Karasha & 3 others [2020] KEELC 2159 (KLR)
- Court
- Environment & Land Court
- Case number
- 2159
- Citation
- [2020] KEELC 2159 (KLR)
- Decided
- 10 June 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for certification of matter and directions to take evidence via video linkCoramCHRISTINE OCHIENG
Holding
The application is premature and will be disallowed.
Facts
The 1st Defendant is 88 years old and a senior citizen, claiming to be ailing and his health deteriorating. The matter has been pending for 10 years.
Issues
- Whether the suit should be certified ready for hearing
- Whether the 1st Defendant's evidence should be taken via video link
Reasoning
The 1st Defendant has not served the documents as claimed, and pleadings are not yet closed. The Court directs the Plaintiffs to file a Reply and schedule a Case Conference.
Outcome
The application is disallowed.
Orders
- Plaintiffs to file a Reply to Defence and Defence to Counterclaim within 14 days
- Parties to schedule a Case Conference within 7 days
Authorities cited
Legislation (3)
- Civil Procedure Act
- Evidence Act
- Civil Procedure Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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