Sanamwala Ole Mutua Nkairipiani v County Government of Narok & 4 others [2018] KEELC 1506 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT NAROK

ELC CAUSE NO. 265 OF 2017

FORMERLY KISII ELC NO. 39 OF 2014

SANAMWALA OLE MUTUA NKAIRIPIANI...................................PETITIONER

-VERSUS-

THE COUNTY GOVERNMENT OF NAROK & 4 OTHERS.....RESPONDENTS

RULING

The Application before me is the Petitioner’s Notice of Motion dated 14th June, 2017 in which the petitioner seeks leave of the court to file 4 more documents that were not included in the original list of documents.

The Petitioner has based the said application on the grounds that the fresh documents he wants to file will shed more light on his petition and there production will not cause prejudice to the Respondents and the Interested Party.  He further states that there was delay in obtaining the said documents as his confirmation of his grant was not made and that the 4th Respondent had refused to issue an official search certificate and it shall serve the interest of justice if the application is allowed.

The application was supported by the Affidavit of the petitioner on which he expounded on the grounds on which the application was based.

When the application came for hearing before me on 19th September, 2017 I directed the Petitioner to serve the Respondents and having satisfied myself that the Petitioner was served I directed that the Notice of Motion be heard.

Since the application was not opposed by the Respondents and the interested party I will allow the application as prayed and I accordingly grant leave to the petitioner to file list of supplementary documents within 14 days.

Costs in the cause.

DATED, SIGNED and DELIVERED in open court atNAROKon this3rdday ofOctober, 2018.

Mohammed Noor Kullow

Judge

3/10/18

In the presence of:

Ms Lodi Meseiyeki for the petitioners

Ms. Adala holding brief for Kilel for the interested party