Isiolo Printing Press v Godana & 3 others [2022] KEELC 2580 (KLR)

Isiolo Printing Press v Godana & 3 others (Environment & Land Case 014 of 2021) [2022] KEELC 2580 (KLR) (19 July 2022) (Ruling)

Neutral citation: [2022] KEELC 2580 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment & Land Case 014 of 2021

PM Njoroge, J

July 19, 2022

Between

Isiolo Printing Press

Plaintiff

and

Robe Godana & 3 others

Defendant

Ruling

1. This application is dated June 23, 2022 and seeks orders:1. That this honourable court be pleased to certify this application as extremely urgent.2. That this honourable court be pleased to grant leave to the plaintiff to further amend its amended plaint to add the 22nd intended defendant as per the annexed draft copy of the further amended plaint annexed hereto.3. That the attached draft further amended plaint be deemed duly filed subject to payment of any and/or further additional fees.4. That this honourable court be pleased to order for substituted service of summons and court process upon the 3rd – 21st defendants by advertisement in any of the daily newspapers with nationwide circulation within 30 days of the date of such order.

2. The application is supported by the affidavit of Michael Ngunjiri, the plaintiff’s advocate and has the following grounds:

3. Mr Charles Muchiri who held brief for the plaintiff’s advocate told the court that following this court’s orders granted on July 4, 2022, the plaintiff had included Isiolo County Government in the plaint and also served concerned parties through substituted service vide an advertisement in the Standard Newspaper of July 15, 2022. For these reasons he requested that the application be formally allowed.

4. I issue the following orders:

a)The application dated June 23, 2022 is allowed with no order as to costs.b)The applicant’s advocate is directed to serve the orders issued by this court today upon the other parties.c)Parties are granted 30 days to concurrently fully comply with order 11 of the Civil Procedure Rules.d)The suit will be heard on November 7, 2022.

DELIVERED IN OPEN COURT AT ISIOLO ON 19TH DAY OF JULY, 2022 IN THE PRESENCE OF:Court Assistant: BaloziHON MR JUSTICE PM NJOROGEJUDGE