Peterson Kenneth Mugo M’muga & 9 others v Celestina Karimi Miriti & another [2021] KEELC 1029 (KLR)
- Court
- Environment & Land Court
- Case number
- 1029
- Citation
- [2021] KEELC 1029 (KLR)
- Decided
- 10 November 2021
The Plaintiffs' supplementary affidavit is struck out for filing without leave of the court. The County Surveyor is ordered to visit the suit parcels and file a report in court within 30 days.
Facts
The Plaintiffs applied for an adjournment and directed the County Surveyor to visit the suit parcels to establish which parcel the Plaintiffs are in occupation of. The 2nd Defendant objected to the application.
Issues
- Whether the Plaintiffs' supplementary affidavit should be struck out for filing without leave of the court.
- Whether the County Surveyor should be ordered to visit the suit parcels and file a report in court.
Reasoning
The Plaintiffs were previously granted leave to file a further affidavit but failed to do so. The court finds the supplementary affidavit filed without leave null and void. The court orders the County Surveyor to visit the suit parcels and file a report within 30 days.
Outcome
The Plaintiffs' application for an adjournment and the County Surveyor's visit are granted.
Orders
- The Plaintiffs' supplementary affidavit is struck out.
- The matter is adjourned at the instance of the Plaintiffs.
- An order is made directed to the County Surveyor to visit the suit parcels and determine which parcel the Plaintiffs are in occupation of and file a report in court within 30 days.
- The Plaintiffs will meet the costs of the surveyor.
- The Plaintiffs will pay today's costs to the 2nd defendant as well as Court Adjournment Fees.
- The matter is fixed for mention on 14.12.2021 to confirm filing of the surveyor's report and for further directions.
Remedies
- Costs of the surveyor.
- Today's costs to the 2nd defendant as well as Court Adjournment Fees.
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