Case ID:185546

Alfonse Wanjala Masinde v Altalf Abdulali Shariff Jivraj & 4 others [2021] eKLR

Case Metadata

Case Number:

Environment and Land Case 23 of 2019

Parties:

Alfonse Wanjala Masinde v Altalf Abdulali Shariff Jivraj, Nazmudin Abdulali Shariff Jivraj, County Government of Bungoma, Chief Land Registrar & Attorney General

Date Delivered:

02 Nov 2021

Case Class:

Civil

Court:

Environment and Land Court at Bungoma

Case Action:

Order

Judge(s):

Boaz Nathan Olao

Citation:

Alfonse Wanjala Masinde v Altalf Abdulali Shariff Jivraj & 4 others [2021] eKLR

Court Division:

Environment and Land

County:

Bungoma

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 BUNGOMA

ELC CASE NO. 23 OF 2019

ALFONSE WANJALA MASINDE..............................................PLAINTIFF

VERSUS

ALTALF ABDULALI SHARIFF JIVRAJ........................1

ST

DEFENDANT

NAZMUDIN ABDULALI SHARIFF JIVRAJ................2

ND

DEFENDANT

THE COUNTY GOVERNMENT OF BUNGOMA........3

RD

DEFENDANT

THE CHIEF LAND REGISTRAR..................................4

TH

DEFENDANT

THE HON ATTORNEY GENERAL..............................5

TH

DEFENDANT

02/11/2021

Coram: Hon. B. N. Olao JUDGE

(In Chambers)

O R D E R

This suit is listed for further hearing on 9

th

November 2021.

However, I now have placed before me the plaintiff’s Notice of Motion dated 25

th

October 2021 and filed under Certificate of Urgency seeking the following orders: -

(a) That it pleases the Honourable Court to dispense with service of this application in the first instance.

(b) That it pleases the Court to temporarily stay the hearing of the Counter – Claim pending hearing and determination of this application.

(c) That it pleases the Honourable Court to set aside the exparte Judgment in respect of the Counter – Claim, vacate partial proceedings of 22

nd

September 2021 and remit the suit for pre – trial or make such orders as the Court deems fit to grant.

(d) That it pleases the Honourable Court to allow the plaintiff time and leave to file a Power of Attorney.

(e) Costs be in the cause.

Upon perusal of the said Notice of Motion, I grant prayer (a) and (b) with the result that the orders issued on 22

nd

September 2021 listing this case for further hearing on 9

th

November 2021 is hereby vacated to give way to the determination of this application.

The application shall be canvassed by way of written submission.

The plaintiff to serve the application and written submissions upon the defendants within seven (7) days from to–day.

The defendants shall within fourteen (14) days of service upon them of the application and submissions file and serve their responses and submissions upon the plaintiff.

The matter shall be mentioned virtually before the Deputy Registrar on 29

th

November 2021 for purposes of taking a date for the ruling which shall be by way of electronic mail.

The plaintiff’s Counsel must abide by the time lines set out herein with regard to service upon the defendants and in default, order (b) shall lapse and the defendants shall be at liberty to take a new date for further hearing of this case.

Costs in the cause.

Boaz N. Olao.

J U D G E

2

nd

November 2021.