Dodhia v Anmol Limited & another; Director of Physical Planning & 2 others (Interested Parties) (Environment & Land Case 245 of 2018) [2024] KEELC 458 (KLR) (30 January 2024) (Ruling) Neutral citation: [2024] KEELC 458 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT & LAND CASE 245 OF 2018 LN MBUGUA, J JANUARY 30, 2024 BETWEEN DEEPAK HARAKCHAND DODHIA ...................................................... PLAINTIFF AND ANMOL LIMITED ........................................................................... 1ST DEFENDANT SUPERFIT STEELCON LTD .......................................................... 2ND DEFENDANT AND DIRECTOR OF PHYSICAL PLANNING ............................. INTERESTED PARTY NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY .... INTERESTED PARTY NATIONAL CONSTRUCTION AUTHORITY .................. INTERESTED PARTY RULING 1. This ruling is in respect of the application made by counsel for the 1st Interested Party to have their defence dated today (30.1.2024) admitted as their pleading. 2. I find that this case is 5 years old, and the 1st Interested Party has apparently been present in these proceedings from inception. Their current advocate admit to having come on record on 8.3.2022, that is a period of almost two years. 3. On 11.5.2023 the court gave strict timelines on compliance relating to filing of documents of which the matter was given both a hearing date (of today 30.1.2024) and a pretrial trial date (on 25.10.2023). Sadly, it has emerged that the matter was not cause listed on 25.10.2023, hence the court was not able to carry out the pretrial exercise, the one that precedes the main hearing. The 1st Interested Party has not given any plausible explanation as to why they have not filed pleadings for the last 5 years. https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/458/eng@2024-01-30 1
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4. Nevertheless, noting that the matter has not taken ofi, in the interest of justice and the right to be heard, as well as the fact that the court has not conducted a pretrial, the court hereby grants leave to the 1st Interested Party to have their defence admitted as a pleading. Since the 1st Interested Party has no witness statements and documentary evidence, the court gives them two options: 1. The court is willing to adjourn the case to enable the 1st Interested Party to gather their witness statements and documentary evidence or; 2. They can opt to proceed with the hearing today without calling any evidence. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 30TH DAY OF JANUARY, 2024 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of:Aaron Kinyanjui for Plaintifi Shah for 1st Defendant Isindu for 2nd Defendant M/s Korir holding brief for Itugi for 3rd Interested Party M/s Wanjala holding brief for M/s Nderu for 1st Interested Party Korir holding brief for Mr. Ugana for 2nd Interested Party Plaintifi Aswin director of 2nd Defendant Court assistant: Eddel https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/458/eng@2024-01-30 2
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