[2017] KEELC 2240 (KLR)
The court found that the plaintiff had shown sufficient cause to the satisfaction of the court as to why the suit should not be dismissed for want of prosecution. The court exercised its discretion under Order 17 Rule 2(1) of the Civil Procedure Rules and declined to dismiss the suit. Instead, the court directed...
Source-derived case information.
- Citation
- [2017] KEELC 2240 (KLR)
- Parties
- Plaintiff: Calvary International Ministries through Registered Trustees; Defendant: Eustace Nyaga Ngatuni; Defendant: Jesus Tabernacle International Ministries through Registered Trustees
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 101 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Dismiss for Want of Prosecution
- Outcome
- application dismissed
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Compliance With Civil Procedure Rules, Possession of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Calvary International Ministries through Registered Trustees
Plaintiff
Eustace Nyaga Ngatuni
Defendant
Jesus Tabernacle International Ministries through Registered Trustees
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Dismiss for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution.
- 2 Whether the plaintiff has shown sufficient cause for the suit not to be dismissed.
Ratio Decidendi
The court found that the plaintiff had shown sufficient cause to the satisfaction of the court as to why the suit should not be dismissed for want of prosecution. The court exercised its discretion under Order 17 Rule 2(1) of the Civil Procedure Rules and declined to dismiss the suit. Instead, the court directed both parties to comply with Order 11 of the Civil Procedure Rules within specified timelines to facilitate the expeditious disposal of the matter. The application for dismissal was therefore dismissed, and directions for further conduct of the suit were issued.
Court Disposition
application dismissed
Orders
- The application to dismiss the suit for want of prosecution is dismissed.
- The plaintiff is ordered to fully comply with Order 11, Civil Procedure Rules within 30 days.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 101 OF 2017
FORMERLY MERU ELC CASE NO.53 OF 2008
CALVARY INTERNATIONAL MINISTRIES THROUGH REGISTERED
TRUSTEES….……………………………………….........……....PLAINTIFF
VERSUS
EUSTACE NYAG ANGATUNI…..……………….…….…. 1ST DEFENDANT
JESUS TABERNACLE INTERNATIONAL MINISTRIES
THROUGH REGISTERED TRUSTEES …….....…….…...2ND DEFENDANT
RULING
1. This application is dated 28th January, 2015 and seeks orders:
1. That the honourable court be pleased to dismiss the matter herein for want of prosecution.
2. That costs of this application be provided for.
2. The application is buttressed by the affidavit of EUSTACE NYAGA NGATUNI, the defendant and has the following grounds:
1. That the plaintiff/ respondent has lost interest in the matter.
2. That the Honourable court should take notice that this is the 2nd time we are filing a similar application to dismiss suit for want of prosecution.
3. That indeed the last time the matter was in court was on 16. 12. 2013 exactly one year ago.
4. Therefore this matter ought to be dismissed as the plaintiffs are in no hurry to prosecute the matter because they are enjoying possession of the suit property.
3. The parties filed written submissions in support of their respective assertions and propositions.
It is noted that this is the 2nd time a similar application has been filed in court.
4. I have carefully considered the submissions proffered by the parties. I have also considered the history of the suit narrated by the plaintiff and the reasons adduced in its assertion that the suit should not be dismissed.
5. Order 17 Rule 2 (1) requires the parties to show cause to the satisfaction of the court why the suit should not be dismissed.
6. I find that the plaintiff has shown to the satisfaction of this court that this suit should not be dismissed.
7. In the circumstances, this application is dismissed.
8. The plaintiff is ordered to fully comply with order 11, Civil Procedure Rules within 30 days of today and the defendants are ordered to fully comply with order 11, Civil Procedure Rules, within 30 days after receipt of the plaintiff’s compliance documents.
9. The plaintiff is ordered to serve the orders issued by the court today upon the defendants within 14 days of today.
10. Parties will come to court for directions on 9. 10. 2017
11. Costs shall be in the cause.
Delivered in open court at Chuka this 19th day of July, 2017 in the presence of:
CA: Ndegwa
Rimita for the plaintiff
P. M. NJOROGE
JUDGE