Dodhia v Anmol Limited & another; Director of Physical Planning & 2 others (Interested Parties) [2024] KEELC 458 (KLR)

Dodhia v Anmol Limited & another; Director of Physical Planning & 2 others (Interested Parties) (Environment & Land Case 245 of 2018) [2024] KEELC 458 (KLR) (30 January 2024) (Ruling)

Neutral citation: [2024] KEELC 458 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 245 of 2018

LN Mbugua, J

January 30, 2024

Between

Deepak Harakchand Dodhia

Plaintiff

and

Anmol Limited

1st Defendant

Superfit Steelcon Ltd

2nd Defendant

and

Director Of Physical Planning

Interested Party

National Environment Management Authority

Interested Party

National Construction Authority

Interested Party

Ruling

1. This ruling is in respect of the application made by counsel for the 1st Interested Party to have their defence dated today (30. 1.2024) admitted as their pleading.

2. I find that this case is 5 years old, and the 1st Interested Party has apparently been present in these proceedings from inception. Their current advocate admit to having come on record on 8. 3.2022, that is a period of almost two years.

3. On 11. 5.2023 the court gave strict timelines on compliance relating to filing of documents of which the matter was given both a hearing date (of today 30. 1.2024) and a pretrial trial date (on 25. 10. 2023). Sadly, it has emerged that the matter was not cause listed on 25. 10. 2023, hence the court was not able to carry out the pretrial exercise, the one that precedes the main hearing. The 1st Interested Party has not given any plausible explanation as to why they have not filed pleadings for the last 5 years.

4. Nevertheless, noting that the matter has not taken off, in the interest of justice and the right to be heard, as well as the fact that the court has not conducted a pretrial, the court hereby grants leave to the 1st Interested Party to have their defence admitted as a pleading. Since the 1st Interested Party has no witness statements and documentary evidence, the court gives them two options:1. The court is willing to adjourn the case to enable the1st Interested Party to gather their witness statements and documentary evidence or;2. They can opt to proceed with the hearing today without calling any evidence.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 30TH DAY OF JANUARY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Aaron Kinyanjui for PlaintiffShah for 1st DefendantIsindu for 2nd DefendantM/s Korir holding brief for Itugi for 3rd Interested PartyM/s Wanjala holding brief for M/s Nderu for 1st Interested PartyKorir holding brief for Mr. Ugana for 2nd Interested PartyPlaintiffAswin director of 2nd DefendantCourt assistant: Eddel