[2017] KEHC 7382 (KLR)
The court found that the plaintiff and his advocate failed to attend the hearing on the scheduled date. The defendant and his advocate were present and did not admit any part of the plaintiff's claim. Under Order 12, Rule 3(1) of the Civil Procedure Rules, a suit must be dismissed in such circumstances unless there...
Source-derived case information.
- Citation
- [2017] KEHC 7382 (KLR)
- Parties
- Plaintiff: Amos Munyi Njue; Defendant: Denis Murithi Mutegi; Defendant: Linus Mugendi Mutegi
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 12 of 2017
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- suit dismissed
- Judges
- FM Njoroge
- Legal Topics
- Title Cancellation, Land Registration, Suit Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Munyi Njue
Plaintiff
Denis Murithi Mutegi
Defendant
Linus Mugendi Mutegi
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the plaintiff's suit should be dismissed for non-attendance at the hearing.
- 2 Whether there was any good cause to excuse the plaintiff's absence and proceed with the suit.
Ratio Decidendi
The court found that the plaintiff and his advocate failed to attend the hearing on the scheduled date. The defendant and his advocate were present and did not admit any part of the plaintiff's claim. Under Order 12, Rule 3(1) of the Civil Procedure Rules, a suit must be dismissed in such circumstances unless there is good cause to the contrary. The court found no good cause to excuse the plaintiff's absence and therefore dismissed the suit. Costs were awarded to the defendants.
Court Disposition
suit dismissed
Orders
- The suit is dismissed.
- Costs are awarded to the defendants.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 12 OF 2017
FORMERLY MERU ELC CASE NO. 05 OF 2016
AMOS MUNYI NJUE………………………..……………….........…PLAINTIFF
VERSUS
DENIS MURITHI MUTEGI………………………………….…1ST DEFENDANT
LINUS MUGENDI MUTEGI…………………………………..2ND DEFENDANT
JUDGMENT
1. The plaintiff in his plaint dated 30th July, 2013 prays for judgment jointly and severally for:
a) Cancellation of the defendant’s title deed and registration of LR NO. Magumoni/Itugururu/1255 in the plaintiff’s name or alternatively the refund of the purchase price and payment of damages for the loss of use, profit and all the development in LR NO. Magumoni/Itugururu/1255.
b) Cost of this suit and interest thereon at court rate.
c) Any further / other relief deemed just and fit to grant.
2. When the matter came up for hearing of the case on 8. 3.2017, the plaintiff and his advocate were in court. The defendant was not in court. His advocate was also not in court.
3. The defendant’s advocate Njeru Ithiga asked the court to dismiss the suit since the plaintiff had failed to come to court to participate in the proceedings. He told the court that the plaintiff did not admit any part of the claim and had no counterclaim.
4. Order 12, Rule 3(1) provides that if on the day fixed for hearing after the suit has been called on for hearing outside the court only the defendant attends and he admits no part of the claim, the suit shall be dismissed except for good cause to be recorded by the court.
5. I see no good cause to record regarding why this suit should not be dismissed.
6. This suit is dismissed.
7. Costs are awarded to the defendant.
8. It is so ordered.
Delivered in open court at Chuka this 8th day of March, 2017 in the presence of:
CA: Ndegwa
Njeru Ithiga for the defendant
Plaintiff or advocate absent
P. M. NJOROGE
JUDGE