[2024] KEELC 7394 (KLR)
The court found that the applicant and their counsel failed to appear for the hearing of the application dated 8/5/2024 despite being served and aware of the hearing date. The respondent was present and had filed grounds of opposition. In the absence of the applicant, and upon the respondent's request, the court...
Source-derived case information.
- Citation
- [2024] KEELC 7394 (KLR)
- Parties
- Appellant: Margaret Cheptoo (Suing As The Administrator Of The Estate Of Dinah Cheptum Ngetich); Respondent: Alice Andeyo Onoka
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E007 of 2024
- Procedural Posture
- Environment and Land Appeal / Ruling on Interlocutory Application
- Outcome
- Application dismissed for non-appearance and want of prosecution with costs to the respondent.
- Judges
- MN Mwanyale
- Legal Topics
- Dismissal for Non Appearance, Want of Prosecution, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Cheptoo (Suing As The Administrator Of The Estate Of Dinah Cheptum Ngetich)
Appellant
Alice Andeyo Onoka
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the application dated 8/5/2024 should be dismissed for non-appearance and want of prosecution.
- 2 Whether the respondent is entitled to costs upon dismissal of the application.
Ratio Decidendi
The court found that the applicant and their counsel failed to appear for the hearing of the application dated 8/5/2024 despite being served and aware of the hearing date. The respondent was present and had filed grounds of opposition. In the absence of the applicant, and upon the respondent's request, the court exercised its discretion to dismiss the application for non-appearance and want of prosecution. The court further awarded costs to the respondent, in line with the principle that costs follow the event.
Court Disposition
Application dismissed for non-appearance and want of prosecution with costs to the respondent.
Orders
- The application dated 8/5/2024 is dismissed for non-appearance and want of prosecution.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
17 paragraphs
Cheptoo (Suing as the administrator of the Estate of Dinah Cheptum Ngetich) v Onoka (Environment and Land Appeal E007 of 2024) [2024] KEELC 7394 (KLR) (11 November 2024) (Ruling)
Neutral citation: [2024] KEELC 7394 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Environment and Land Appeal E007 of 2024
MN Mwanyale, J
November 11, 2024
Between
Margaret Cheptoo (Suing As The Administrator Of The Estate Of Dinah Cheptum Ngetich)
Appellant
and
Alice Andeyo Onoka
Respondent
Ruling
1. The application dated 8/5/2024 was fixed for oral hearing today 11/11/2024, in the presence of Mr. Nyachiro, Advocate for the Applicant. When the matter came up for directions on 17/10/2024.
2. When the matter was called out today, there was no appearance for the Applicant and/or his counsel prompting Mr. Maritim Learned Counsel for the Respondent to submit to the court to dismiss the application with costs. There being no appearance by the Applicants and/or his Advocates the application dated 8/5/2024 is hereby dismissed for non-appearance and want of prosecution with costs to the respondents who had filed grounds of opposition
RULING, DELIVERED AND DATED AT KAPSABET THIS 11TH DAY OF NOVEMBER, 2024. Hon. M. N. Mwanyale,JUDGEIn the presence of; -Mr. Maritim for the RespondentNo appearance for the Applicant