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JudgmentBOKIBARORI TRADING COMPANY LIMITED AND Nyamira County Government VS THE LAND REGISTRAR KISII AND THE LAND SURVEYOR KISII AND 4 Others1 min read

BOKIBARORI TRADING COMPANY LIMITED AND Nyamira County Government VS THE LAND REGISTRAR KISII AND THE LAND SURVEYOR KISII AND 4 Others

Environment and Land Court at Nyamira Environment and Land Court · · Dalmas Ohungo

I have considered the objection by Counsel for the Plaintiff and the submissions by all Counsels.

I note that there is on the physical file the following documents/pleadings from the 1st Defendant:

  1. Defence dated 23rd September 2024.
  2. List of Documents dated 23rd September 2024.
  3. List of Witnesses dated 23rd September 2024.

The List of Documents does not have any documents annexed to it. All the above pleadings bear a Court Registry stamp dated 24th September 2024.

I have also perused the Case Tracking System (CTS) and I note that none of the above documents have been filed on the CTS.

I have also considered submissions by the Plaintiff’s counsel that the documents were not served despite reminders.

Considering that the pleadings were physically filed, I am inclined to give the 1st Defendant the benefit of doubt, in the interest of justice.

I grant the 1st Defendant the last adjournment. The 1st Defendant to properly file the said pleadings/documents on CTS and serve all parties within seven (7) days from today.

DW1 is stood down. Further hearing on 23rd September 2025. Today’s costs shall be borne by the 1st Defendant.

Dated this 11th day of June 2025.

Details

Delivered

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