[2022] KEELC 746 (KLR)
The court found that both parties were properly served with notice of the hearing date but failed to attend court without explanation. The court had previously issued clear directions for compliance with Order 11 of the Civil Procedure Rules and set a specific hearing date to avoid further delay. In the absence of...
Source-derived case information.
- Citation
- [2022] KEELC 746 (KLR)
- Parties
- Plaintiff: Adan Chuda Sode; Defendant: Koise Ibrahim Koise; Defendant: Madina Oshe Jira; Defendant: Sode Muda Keko; Defendant: Adan Mohamed Chuda; Defendant: County Gov't of Marsabit
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 8 of 2021
- Procedural Posture
- Land Case / Ruling on Dismissal for Non Attendance
- Outcome
- suit dismissed for non-attendance
- Legal Topics
- Dismissal for Non Attendance, Order 12 Civil Procedure Rules, Case Management, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Adan Chuda Sode
Plaintiff
Koise Ibrahim Koise
Defendant
Madina Oshe Jira
Defendant
Sode Muda Keko
Defendant
Adan Mohamed Chuda
Defendant
County Gov't of Marsabit
Defendant
Procedural Posture
Land Case / Ruling on Dismissal for Non Attendance
Legal Issues
- 1 Whether the suit should be dismissed for non-attendance by the parties on the scheduled hearing date.
- 2 Whether failure to comply with Order 11 of the Civil Procedure Rules justifies delay in hearing and determination of the suit.
Ratio Decidendi
The court found that both parties were properly served with notice of the hearing date but failed to attend court without explanation. The court had previously issued clear directions for compliance with Order 11 of the Civil Procedure Rules and set a specific hearing date to avoid further delay. In the absence of attendance or any application for adjournment or reinstatement, and in accordance with Order 12 Rule 1 of the Civil Procedure Rules, the court determined that the only appropriate course was to dismiss the suit. The court emphasized that procedural non-compliance and failure to prosecute cannot be used to indefinitely delay the resolution of cases, and that parties must take...
Court Disposition
suit dismissed for non-attendance
Orders
- This suit is dismissed.
- No costs are awarded.
Full Case Text
Judgment text and source record
46 paragraphs
REPUBLIC OF KENYA
IN THE LAND AND ENVIRONMENT COURT AT ISIOLO
ELC CASE NO. 008 OF 2021
ADAN CHUDA SODE..................................................................PLAINTIFF
-VERSUS-
KOISE IBRAHIM KOISE................................................1ST DEFENDANT
MADINA OSHE JIRA.....................................................2ND DEFENDANT
SODE MUDA KEKO.......................................................3RD DEFENDANT
ADAN MOHAMED CHUDA.........................................4TH DEFENDANT
COUNTY GOV’T OF MARSABIT...............................5TH DEFENDANT
RULING
1. I reproduce in full a ruling delivered by this court on 14th of February, 2022.
REPUBLIC OF KENYA
IN THE LAND AND ENVIRONMENT COURT AT ISIOLO
ELC CASE NO. 008 OF 2021
ADAN CHUDA SODE............................................................PLAINTIFF
-VERSUS-
KOISE IBRAHIM KOISE............................................1ST DEFENDANT
MADINA OSHE JIRA.................................................2ND DEFENDANT
SODE MUDA KEKO...................................................3RD DEFENDANT
ADAN MOHAMED CHUDA.....................................4TH DEFENDANT
COUNTY GOV’T OF MARSABIT............................5TH DEFENDANT
RULING
1. This is an interesting case. A plaint was filed on 27th of August, 2020, 2 years ago at Meru.
2. The file was transferred from Meru to Isiolo towards the end of 2021. Earlier on the file had been transferred from Embu ELC Court to Meru ELC Court in October, 2020.
3. After the file came to Isiolo, Notices were on 12/10/2021 properly issued for the parties to come to court for directions on 27/10/2021.
4. The parties did not come to court. Fresh Notices were issued vide this court’s order dated 27/10/2021. They were directed to come to court on 14/2/2022.
5. Although there is on record a Notice of Motion dated 5th of October, 2020, the parties have not fully canvassed it. However, failure to fully canvass an application cannot be made an excuse to inordinately delay the hearing and determination of a suit. The parties cannot also rely on their non-compliance with Order 11 of the Civil Procedure Rules to delay the hearing and determination of a suit.
6. To redress the shenanigans employed by the parties to delay the hearing and determination of this suit, I issued the following orders:
a) Notices to be issued upon the parties concerning the orders issued by the court today.
b) Parties are to concurrently comply with Order 11, CPR within 30 days of today.
c) This suit will be heard on 21/3/2022.
WRITTEN AND DELIVERED IN OPEN COURT THIS 14TH DAY OF FEBRUARY, 2022 IN THE PRESENCE OF:
Court Assistant: Balozi
HON. JUSTICE P. M. NJOROGE
JUDGE
2. This court gave the 21st of March,2022 as the hearing date. The parties were properly served but did not come to court for the scheduled hearing.
3. The names of the parties were called on for hearing outside court but were nowhere to be seen.
4. In the circumstances and in accordance with Order 12 Rule 1 of the Civil Procedure Rules, this suit merits dismissal.
5. The following orders are hereby issued;
a) This suit is dismissed
b) No costs are awarded.
WRITTEN AND DELIVERED IN OPEN COURT THIS 21ST DAY OF MARCH, 2022 IN THE PRESENCE OF:
Court Assistant: Balozi
HON. JUSTICE P. M. NJOROGE
JUDGE