[2018] KEELC 4414 (KLR)
The court found that both the main suit and the related appeal had been dormant and that no steps had been taken to prosecute them. In accordance with the Civil Procedure Rules, the court directed that notices be issued to the parties to show cause why the suit and the appeal should not be dismissed for want of...
Source-derived case information.
- Citation
- [2018] KEELC 4414 (KLR)
- Parties
- Plaintiff: Anderson Gitari Mwangi; Defendant: Roland Mbuba Mukingo & Another
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 113 of 2017
- Procedural Posture
- Land and Property Suit / Directions/ruling on Prosecution and Appeal Status
- Outcome
- Directions issued for notices to show cause; no final determination on merits.
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Pending Appeal, Case Management, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anderson Gitari Mwangi
Plaintiff
Roland Mbuba Mukingo & Another
Defendant
Procedural Posture
Land and Property Suit / Directions/ruling on Prosecution and Appeal Status
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution.
- 2 Whether parties should be given notice to show cause regarding dismissal of the suit and the appeal.
- 3 Whether the appeal should be listed for dismissal for want of prosecution.
Ratio Decidendi
The court found that both the main suit and the related appeal had been dormant and that no steps had been taken to prosecute them. In accordance with the Civil Procedure Rules, the court directed that notices be issued to the parties to show cause why the suit and the appeal should not be dismissed for want of prosecution. The court further ordered that the appeal be assigned a Chuka case number for administrative clarity. These directions were necessary to ensure the expeditious disposal of cases and to prevent undue delay in the administration of justice.
Court Disposition
Directions issued for notices to show cause; no final determination on merits.
Orders
- Notice to be issued for parties to appear on 11.4.2018 to show cause why the suit should not be dismissed for want of prosecution.
- Deputy Registrar to issue notice under Order 42 Rule 35(2) for the appeal to be listed for dismissal on 11.4.2018.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 113 OF 2017
FORMERLY MERU ELC. 128 OF 2009
ANDERSON GITARI MWANGI………………...…..PLAINTIFF
VERSUS
ROLAND MBUBA MUKINGO & ANO……..…DEFENDANTS
RULING
1. This matter came for directions on 26. 2.2018. It is pellucid that as this matter (ELC 113/2017) is still in court, there is an appeal concerning the same subject matter subsisting in Meru HCCC 70 of 2009.
2. I issue the following orders:
a) With respect to ELC 113 of 2017 (formerly Meru HCCC 128 of 2009), NOTICE be issued for the parties to come to court on 11. 4.2018 to show cause why the suit should not be dismissed for want of prosecution.
b) With respect to Meru HCCA No. 70 of 2009, the Deputy Registrar to give NOTICE to the parties in accordance with Order 42 Rule 35 subrule 2 that the appeal will be listed before the Judge for dismissal on 11. 4.2018.
3. It is ordered that Meru HCCA 70 of 2009 be given a Chuka number.
4. It is so ordered.
5. Delivered in open Court at Chuka this 26th day of February, 2018 in the presence of:
CA: Ndegwa
Mrs Kariuki Owessi h/b E.G. Mwangi for the Applicant in Chuka ELC 113 of 2017
P.M. NJOROGE
JUDGE