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ELCAllowedMachakos Environment and Land Cause No. 43 of 2019 (formerly Nairobi ELC No. 1190 of 2015)· [2020] KEELC 447 (KLR)

Syokimau Bright Homes Limited (Suing on its behalf and on behalf of over 5000 Members of the Athi River Local Community) v East Africa Portland Cement Co. Ltd [2020] KEELC 447 (KLR)

Environment and Land Court
27 November 2020
894 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court confirmed you can get a lost court file reconstructed even if the case was consolidated with others.

What this practically means

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Executive summary

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By a notice of motion dated 29th March 2019, the plaintiffs sought reconstruction of the court file in Environment and Land Cause No. 1190 of 2015 (transferred to Machakos as ELC No. 43 of 2019), acceptance of the pleadings and documents annexed to their affidavits as copies of the originals, safe custody of the reconstructed file, and costs. Their advocate deponed that the suit was filed on 19th November 2015 but the file could not be traced in the registry despite numerous visits, preventing them from filing a request for judgment. The defendant opposed the application, asserting that the file was not lost but had been consolidated on 28th October 2016 with several related matters under Machakos ELC Case No. 155 of 2016 (formerly Nairobi High Court ELC No. 1108 of 2015) as lead file, and that there was no written confirmation from the Deputy Registrar that the file was lost. The plaintiffs' counsel replied that he was unaware of the consolidation order and that a perusal of the lead file on 6th March 2020 confirmed the file did not exist there. The court found that on 2nd April 2019 the Registrar had issued a certificate confirming the file was lost and advising reconstruction. It held that consolidation was immaterial, as the plaintiffs were entitled to the file to ventilate their case, and allowed the application, ordering reconstruction of the file, acceptance of the annexed documents as copies of the originals, with costs in the cause.

Key legal issues

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01

Reconstruction of a lost court file

Holding

The application for reconstruction was allowed because the Registrar had certified the file as lost.

Reasoning

The court perused the file and found that on 2nd April 2019 the Registrar of the court issued a certificate confirming that the file was lost and advised that it be reconstructed. The defendant's objection that the file was consolidated with other matters under a lead file did not matter, because the plaintiffs needed their pleadings and documents to ventilate their case regardless of consolidation.

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02

Effect of consolidation on entitlement to the file

Holding

Consolidation of the file with others does not defeat a party's entitlement to a reconstructed file.

Reasoning

The defendant argued that the file was not lost but was proceeding as a consolidated file under Machakos ELC Case No. 155 of 2016. The court held that it does not matter whether the file was consolidated with others or not; what is imperative is that the plaintiffs are entitled to the court file for the purpose of ventilating their case.

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Legal principles established

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    Court orders

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    1. 1.The Court file Machakos Environment and Land Cause No. 43 of 2019 (formerly Nairobi ELC No. 1190 of 2015) be and is hereby reconstructed
    2. 2.The pleadings and documents annexed to the Affidavits herein be and are hereby accepted as copies of the originals filed in court
    3. 3.The costs of the Application to be in the cause
    Jurisdiction invoked
    Inherent powers of the Environment and Land Court over its own records (reconstruction of a lost court file)

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Later judgments citing this (1)

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    Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

    Cite this brief

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    Cite this brief

    Caselaw, "Syokimau Bright Homes Limited (Suing on its behalf and on behalf of over 5000 Members of the Athi River Local Community) v East Africa Portland Cement Co. Ltd [2020] KEELC 447 (KLR)", Case Analysis (2020). Machakos Environment and Land Cause No. 43 of 2019 (formerly Nairobi ELC No. 1190 of 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/447/eng@2020-11-27

    Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.