Gekara v Gekara & 3 others

Gekara v Gekara & 3 others (Environment & Land Case 97 of 2021) [2024] KEELC 14095 (KLR) (11 December 2024) (Ruling) Neutral citation: [2024] KEELC 14095 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NYAMIRA ENVIRONMENT & LAND CASE 97 OF 2021 JM KAMAU, J DECEMBER 11, 2024 BETWEEN ZACHARY OCHWARI GEKARA ............................................................ PLAINTIFF AND HENRY BOSIRE GEKARA ............................................................. 1ST DEFENDANT BENJAMIN MOKUA GEKARA .................................................... 2ND DEFENDANT JOSEPH OKERO GEKARA ............................................................ 3RD DEFENDANT OTAO GEKARA ............................................................................... 4TH DEFENDANT RULING 1. Before me is an Application dated 28/6/2024 by the Defendants for orders that this Court be pleased to set aside the proceedings of 19/6/2024 ‘ás the record is confusing and misleading.’’ And that the case be re-opened for Defence Hearing and that there be a stay of the Judgment slated for 25/7/2024. The Grounds for the said Application are that the evidence was recorded in the wrong le. The 1st Defendant responded to the Application by ling a Replying Adavit sworn on 15/7/2024 where he deponed that the Applicant had participated in the proceedings of 19/6/2024 and indeed sought for time to write his submissions and that the 1st Defendant had not been substituted. He is one of the Defendants in Nyamira ELC Nos. 58/59 of 2015(Kisii) but opposes the Application on behalf of the Defendants in Nyamira ELC Suit No. 97 of 2021. The suits were consolidated with the lead les being Kisii ELC No.1143 of 2016 and which was registered as Nyamira ELC No.97 of 2021. He depones that the re-opening of the case would cause more confusion. 2. In the interest of time, if the Evidence was indeed recorded in the wrong le, I order that the Applicant do specically apply to have the said evidence transferred to the correct le. This Application is hereby disallowed with costs. https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/14095/eng@2024-12-11 1

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