Hassan (Suing as the special Attorney for Enrico Querciolli) v Fabiana & 2 others (Environment & Land Case 46 of 2020) [2024] KEELC 14037 (KLR) (18 December 2024) (Ruling) Neutral citation: [2024] KEELC 14037 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MALINDI ENVIRONMENT & LAND CASE 46 OF 2020 FM NJOROGE, J DECEMBER 18, 2024 BETWEEN ABDULRAHMAN SHEIKH HASSAN (SUING AS THE SPECIAL ATTORNEY FOR ENRICO QUERCIOLLI) .................................................................. PLAINTIFF AND MARIA ANGELA DE FABIANA .................................................... 1ST DEFENDANT THE ATTORNEY GENERAL ........................................................ 2ND DEFENDANT LAND REGISTRAR MOMBASA .................................................. 3RD DEFENDANT RULING 1. In the application dated 25/6/2024 the plainti seeks leave to le a comprehensive additional list of documents encompassing new documents and those already on the record before the case is heard and determined. 2. The grounds upon which the application is made appear at the foot of the motion and in the supporting adavit sworn by the plainti, attached to the motion. They are that recently the plainti learnt that crucial documents in the case have not been led or served and that time for such ling and service has long since passed; that until recently the applicant did not know that the documents were crucial to the case; that the matter has not proceeded to hearing and no prejudice would be occasioned to the defendants. 3. In opposition the 1st defendant led a replying adavit dated 19/9/2024. He deponed that the matter already had a hearing date; that the court had ordered that no further documents shall be led; that the applicant served him a bundle of documents incorporating new documents three months after it was led on 30/11/2023; that the plainti moves sluggishly in the matter and his prayers are unreasonable and ought to be denied. https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/14037/eng@2024-12-18 1
page 1 of 2
4. The plainti led a further adavit dated 2/9/24. Attaching a special power of attorney and documents in Italian language and their translations in English, which he stated will assist the court in the determination of the suit. 5. Both the plainti and the 1st defendant led submissions on the application. 6. I have considered the application, the response and the submissions. On 22/11/2023 when the hearing began it was interrupted by the realization that the bundles of the plainti were not in a good state. The court gave leave to the plainti to correct the situation and to desist from adding any new documents while ling a new and orderly bundle unless leave was applied therefor and justication given. That is the leave that the plainti now seeks. The hearing had not proceeded much on 22/11/2023 when the disorder in the bundle led by the plainti was discovered by the court. I nd no prejudice that would be occasioned by the granting of the order sought. I therefore allow the application dated 25/6/2024 in terms of prayer no 1 thereof. The plainti shall however bear the costs of the said application in any event. This matter shall be mentioned on 11/2/2025 for the xing of a hearing date. RULING DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 18TH DAY OF DECEMBER, 2024. MWANGI NJOROGE JUDGE, ELC MALINDI https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/14037/eng@2024-12-18 2
page 2 of 2