Malambu & another (Suing as the Administrator of the Estate of Amina Naanyu Malambu) v Bestel Agencies Company Limited & 2 others [2022] KEELC 3517 (KLR) | Burden Of Proof | Esheria

Malambu & another (Suing as the Administrator of the Estate of Amina Naanyu Malambu) v Bestel Agencies Company Limited & 2 others [2022] KEELC 3517 (KLR)

Full Case Text

Malambu & another (Suing as the Administrator of the Estate of Amina Naanyu Malambu) v Bestel Agencies Company Limited & 2 others (Civil Suit 102 of 2018) [2022] KEELC 3517 (KLR) (16 May 2022) (Ruling)

Neutral citation: [2022] KEELC 3517 (KLR)

Republic of Kenya

In the Environment and Land Court at Kajiado

Civil Suit 102 of 2018

MN Gicheru, J

May 16, 2022

Between

Hassan Idii Malambu

1st Plaintiff

Ali Kolela Montet

2nd Plaintiff

Suing as the Administrator of the Estate of Amina Naanyu Malambu

and

Bestel Agencies Company Limited

1st Defendant

Azelia Investments Company Limited

2nd Defendant

Land Registrar, Kajiado North Registry

3rd Defendant

Ruling

1. This ruling was expected to be a judgment but upon perusal of the record, I find that there was no trial because the pleadings filed by the Plaintiffs were incomplete.

2. On 22nd June, 2018, the Plaintiffs filed the following;a.plaintb.Verifying affidavit.c.Letter of authority signed by Dr. Ali Kolela Montet .d.Undertaking by the Plaintiffs.e.List of witnessesf.Plaintiffs list of documents containing 8 documents.They did not file any witness statement.

3. On the date set for trial, the 28th of February, 2022, the Plaintiffs did not turn up. The Court deemed their case as closed. The Defendants case was also deemed as closed.

4. After retiring to consider the Plaintiffs’ evidence vis a vis the Defendants’, I found no evidence adduced by the Plaintiff. I did not deem it necessary to even consider the material filed by the Defendants because the burden was on the Plaintiffs to preponderate their case on a margin of probabilities.Owing to the inadequacy of the Plaintiffs’ case due to the absence of the witness statements and failure to produce the available material formally, I find that the Plaintiffs’ case is not proved to the required standard.I dismiss the Plaintiffs’ suit with costs to the Defendants.

DATED SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 16TH DAY OF MAY, 2022. M.N. GICHERUJUDGE