Geoffrey Mwangangi Kivala v Aldo Gavarbi [2017] KEELC 3681 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MALINDI
ELC CIVIL CASE NO. 41 OF 2009 (OS)
GEOFFREY MWANGANGI KIVALA......................APPLICANT/RESPONDENT
=VERSUS=
ALDO GAVARBI.........................................................DEFENDANT/APPLICANT
R U L I N G
1. The Application before me is the one dated 25th February 2016. In the Application, the Defendant is seeking for the following orders:
(a) THAT this Honourable Court be inclined to grant an Order of reconstruction of the court file in the matter herein as per the annexures attached to.
(b) THAT such directions be made as of the hearing and final determination of this matter herein.
(c) THAT costs be in the cause.
2. The Application is premised on the ground that Judgment was entered against the Applicant ex-parte on 22nd May 2014 and that to date, the court file is missing and cannot be traced.
3. In his Replying Affidavit, the Applicant admitted having filed this suit vide an Originating Summons seeking a Vesting Order; that he is the registered owner of the suit property; that the Applicant has no locus standi to come into this matter and that the Application will not have served any useful purpose.
4. The parties filed their respective submissions which I have considered.
5. The Applicant has submitted that he filed a suit in which he obtained a vesting order. The court file has since gone missing.
6. The Defendant, or his Attorney, is entitled to be heard on his pending Application. In the circumstances, the file should be reconstructed to allow the Defendant to file any Application he deems fit.
7. For those reasons, I allow the Application dated 25th February, 2016 in terms of prayers number 2 and 4.
Dated, signed and delivered in Malindi this 3rdday of February, 2017.
O. A. Angote
Judge