Case ID:168147

Henry Shikuku Barasa & 2 others v Reuben Fwamba Mbita [2020] eKLR

Case Metadata

Case Number:

Environment and Land Miscellaneous Application 11 of 2020

Parties:

Henry Shikuku Barasa, Joash Chimunge Waswa & John Nyongesa Ngeywa(Suing as the duly authorized representatives of Matisi Outreach Church v Reuben Fwamba Mbita

Date Delivered:

13 Oct 2020

Case Class:

Civil

Court:

Environment and Land Court at Kitale

Case Action:

Ruling

Judge(s):

Francis Mwangi Njoroge

Citation:

Henry Shikuku Barasa & 2 others v Reuben Fwamba Mbita [2020] eKLR

Court Division:

Environment and Land

County:

Trans Nzoia

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT KITALE

ELC MISC. APPL. NO. 11 OF 2020

HENRY SHIKUKU BARASA

JOASH CHIMUNGE WASWA

JOHN NYONGESA NGEYWA

(Suing as the duly authorized representatives of

MATISI OUTREACH CHURCH.........APPLICANT

VERSUS

REUBEN FWAMBA MBITA..............RESPONDENT

RULING..

1. The applicant filed Notice of Motion dated

24/7/2020

on

30/7/2020

brought under

Order 45 rule 1(1), 2; Order 51(1)

of the

Civil Procedure Rules 2010, Sections 3A

and

80

of the

Civil Procedure Act.

The court having dealt with prayers

Nos. 1-4

of the above application on a preliminary basis, the only prayers that remain to be determined are prayers

Nos. 5, 6, 7, 8

and

9

. The same are framed as follows:

5. That this honourable court be pleased to reinstate our application dated 13

th

February, 2020 pending the hearing and determination of this application.

6. That this honourable court be pleased to find that the submissions dated 19

th

July, 220 and filed on 22

nd

July, 2020 be deemed to be properly filed and served on record.

7. That this honourable court be pleased to issue directions on the hearing of our application dated 13

th

February, 2020.

8. That the court do make such order or further orders as it may deem fair and just in the interest of justice.

9. That costs of this application be borne by the respondent.

2. The grounds upon which this application is brought are that this court issued a Ruling on the

21/7/2020

which dismissed the applicants’ application dated

13/2/2020

for want of prosecution and that they complied with the court order dated

4/6/2020

and filed the submissions in record time as ordered.

3. The application is supported by sworn affidavit

Jane Nyabiage Odiya

, Counsel for the applicants dated

24/7/2020

. She depones that the submissions in respect of the application dated

13

th

February 2020

were lodged by way of electronic mail on the

22

nd

June 2020

. Attached to the supporting affidavit are copies of documents to prove her averments. They include copies of electronic mail communications between her office and the registry conducted between

22

nd

June 2020

and

23

rd

June 2020

.

4. Having perused the application and the annextures thereto, I am persuaded that the applicant’s submissions were timeously filed and that the inadvertence lay on the part of the court registry in that the submissions were not brought to the attention of the court by the time of preparing the ruling.

5. Consequently, I find that the application dated

24/7/2020

is merited and I grant the same in terms of Prayers Nos.

5, 6

and

7

thereof. The order of this court made on

21/7/2020

dismissing the application dated

13

th

February 2020

is hereby vacated.

6. The application dated

13

th

February 2020

shall be disposed of by way of the written submissions filed by the parties. A copy of the applicant’s submissions in

Kitale

Misc No. 3 of 2020

shall be placed in that file and the same shall be brought up for the preparation of a ruling. Ruling on the said application will be delivered on

5/11/2020.

Each party shall bear its own costs of the instant application.

It is so ordered.

Dated, signed

and

delivered at Kitale via electronic mail on 13

th

day

of

October, 2020.

MWANGI NJOROGE

JUDGE