Stanley Kipruto Bomet v Pamela Chepchumba Rechenbach, Francis Kituyo & Nakuru Land Registrar [2018] KEELC 2947 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT NAKURU

CASE NO. 462 OF 2017

STANLEY KIPRUTO BOMET......................................................PLAINTIFF

VERSUS

PAMELA CHEPCHUMBA RECHENBACH....................1ST DEFENDANT

FRANCIS KITUYO.............................................................2ND DEFENDANT

NAKURU LAND REGISTRAR.........................................3RD DEFENDANT

RULING

On 23rd January 2018, Mr. Karanja who was then appearing for 1st and 2nd defendants sought 60 days within which to file a replying affidavit. After considering the matter, and following consultations between counsel for plaintiff and counsel for 1st and 2nd defendants, it was agreed and ordered that the 1st and 2nd defendants file a replying affidavit within 30 days and that the application dated 14th December 2017 be argued by way of written submissions.

Other than being told that one of the two defendants is unwell, we have not been told when he became sick and why the order of 23rd January 2018 could not be complied with.

We have also not been told why the other defendant who is not sick cannot swear the affidavit.  All in all, I am not satisfied that valid reasons have been advanced to warrant an adjournment.  Considering that the matter is today coming up for mention, I make the following orders:

1.  The 1st and 2nd defendants to file and serve a replying affidavit within three (3) days from today.

2.  The plaintiff to file and serve submissions within ten (10) days from today.

3.  Defendants to file and serve submissions within twenty (20) days from today.

4.  In default of 1st and 2nd defendants filing replying affidavit within the period provided under (1) above, the application shall be deemed unopposed by the 1st and 2nd defendants.

5.  Mention on 10th July 2018 to take date of ruling.

6.  The 1st and 2nd defendants shall pay court adjournment fees Kshs.2, 000/= and Mr. Ogola’s costs for today.

Dated, signed and delivered in open court at Nakuru this 9th day of May 2018.

D. O. OHUNGO

JUDGE

In the presence of:

Mr. Ogola for the Plaintiff/Applicant.

Mr. Magata holding brief for Mr. Kahiga for 1st & 2nd Defendant/Respondents.

No appearance for 3rd Defendant.

Court Assistant: Gichaba