Abdi Noor Umar v Adan Mamo Elema and 22 others [2021] KEELC 4027 (KLR)
- Court
- Environment and Land Court
- Case number
- 4027
- Citation
- [2021] KEELC 4027 (KLR)
- Decided
- 17 March 2021
- Parties
- raw · defendants · plaintiffs
The court finds that the rationale for scheduling the case for hearing was to expedite the prosecution of the matter. The defense is estopped from claiming that they had to file another statement of defense.
Facts
The plaintiff filed a suit against 23 defendants, including the former Deputy Governor of Isiolo County, alleging that the defendants had committed various land-related offenses. The defendants filed a defense statement dated 28.11.2019, which was later amended to a new defense statement dated 18.12.2020.
Issues
- Application for summons to witnesses
- Application for scene visit
- Late filing of documents
- Filing of a pleading without leave of court
- Issue of costs
Reasoning
The court scheduled the case for hearing on three consecutive days to expedite the prosecution. The defense's new defense statement was filed without leave of court and is considered an abuse of process.
Outcome
The court will determine the issue of costs in this ruling.
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