[2023] KEELC 22203 (KLR)
The court found that the applicant failed to comply with its directions to file written submissions and an affidavit of service. As a result, the court could not ascertain whether the respondent had been served or given an opportunity to respond. No alternative method of disposal was provided, and the applicant's...
Source-derived case information.
- Citation
- [2023] KEELC 22203 (KLR)
- Parties
- Plaintiff: Cabro Mombasa Limted; Defendant: Rafiki Microfinance Bank Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 28 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Application
- Outcome
- application dismissed for non-compliance with court orders
- Judges
- FM Njoroge
- Legal Topics
- Injunctive Relief, Non Prosecution, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cabro Mombasa Limted
Plaintiff
Rafiki Microfinance Bank Limited
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the applicant is entitled to interlocutory injunctive relief pending hearing and determination of the suit.
- 2 Whether failure to file submissions and affidavit of service amounts to non-prosecution warranting dismissal of the application.
Ratio Decidendi
The court found that the applicant failed to comply with its directions to file written submissions and an affidavit of service. As a result, the court could not ascertain whether the respondent had been served or given an opportunity to respond. No alternative method of disposal was provided, and the applicant's non-compliance meant the application remained unprosecuted. Consequently, the court dismissed the application for non-compliance with court orders, emphasizing the importance of adhering to procedural requirements and timely prosecution of applications.
Court Disposition
application dismissed for non-compliance with court orders
Orders
- The application dated 29th September, 2023 is dismissed for non-compliance with court orders.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
Cabro Mombasa Limted v Rafiki Microfinance Bank Limited (Environment & Land Case 28 of 2023) [2023] KEELC 22203 (KLR) (14 December 2023) (Ruling)
Neutral citation: [2023] KEELC 22203 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment & Land Case 28 of 2023
FM Njoroge, J
December 14, 2023
Between
Cabro Mombasa Limted
Plaintiff
and
Rafiki Microfinance Bank Limited
Defendant
Ruling
1. This ruling is in respect of Notice of Motion dated 29th September, 2023 by the Applicant seeking the following Orders:.a.That this matter be certified as urgent and service be dispensed with in the first instance.b.That an injunction restraining the defendant by itself, agents, employees, successors in title and heirs from, selling, auctioning, alienating, transferring or in any way interfering with the parcels of land known as Kilifi/Mtwapa/1582 & 1583 commonly known as “The Festival Fully Furnished Apartments” pending the hearing and determination of this application.c.That an injunction restraining the defendant by itself, employees, successors in title and heirs from selling, auctioning, alienating, transferring or in any way interfering with the parcels of land known as Kilifi/Mtwapa/1582 & 1583 commonly known as “the Festival Fully Furnished Apartments” pending the hearing and determination of this suit.d.The costs of this application be provided for.
2. On 3/10/2023 when the application came before this court, directions were given to the parties to file submissions and to date none have been filed. Also, no affidavit of service was filed by the applicant as ordered and this court can not ascertain whether or not the present application was served upon the respondent to enable it to exercise its right to file a reply thereto. On 11/10/2023 when the matter came up for confirmation of compliance all parties and their counsel were absent.
3. No other method of disposal of the application was given by this court save by way of written submissions. The applicant having failed to file any, the application must be deemed to remain unprosecuted, and I hereby dismiss it for non-compliance with court orders. There shall be no orders as to costs. The matter shall be mentioned on 29/2/24.
DATED, SIGNED AND DELIVERED AT MALINDI ON THIS 14TH DAY OF DECEMBER 2023. MWANGI NJOROGEJUDGE, ELC, MALINDI.