[2018] KEELC 3381 (KLR)
The court found that the application for reinstatement of the suit was unopposed, as neither the Attorney General nor the interested party filed any response or submissions against it. The applicant's claim that the advocate withdrew the suit without instructions was not challenged. Given the age of the matter and...
Source-derived case information.
- Citation
- [2018] KEELC 3381 (KLR)
- Parties
- Applicant: Cyprian Kithinji Muchai; Respondent: Republic; Respondent: Imenti South District LDT; Respondent: Senior Principal Magistrate, Nkubu Law Courts
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Appeal 22B of 2011
- Procedural Posture
- Judicial Review / Ruling on Application for Reinstatement of Suit
- Outcome
- Application for reinstatement of suit allowed.
- Legal Topics
- Reinstatement of Suit, Withdrawal Without Instructions, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cyprian Kithinji Muchai
Applicant
Republic
Respondent
Imenti South District LDT
Respondent
Senior Principal Magistrate, Nkubu Law Courts
Respondent
Procedural Posture
Judicial Review / Ruling on Application for Reinstatement of Suit
Legal Issues
- 1 Whether the suit should be reinstated after being withdrawn without instructions from the applicant.
- 2 Whether the application for reinstatement is unopposed and should be allowed.
Ratio Decidendi
The court found that the application for reinstatement of the suit was unopposed, as neither the Attorney General nor the interested party filed any response or submissions against it. The applicant's claim that the advocate withdrew the suit without instructions was not challenged. Given the age of the matter and the lack of prosecution since 2013, the court exercised its discretion to allow the reinstatement but directed that the case be set down for hearing within 90 days to avoid further delay.
Court Disposition
Application for reinstatement of suit allowed.
Orders
- The suit is reinstated.
- The case shall be listed for hearing within the next 90 days.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC JR 22B OF 2011
CYPRIAN KITHINJI MUCHAI..........................EXPARTE APPLICANT
VERSUS
REPUBLIC......................................................................1ST RESPONDENT
IMENTI SOUTH DISTRICT LDT..............................2ND RESPONDENT
SENIOR PRINCIPAL MAGISTRATE
NKUBU LAW COURTS...............................................3RD RESPONDENT
RULING
1. In the application of 24. 7.2017, applicant seeks orders of reinstatement of the suit, which suit was withdrawn on 12. 6.2017.
2. Exparte applicant avers that the advocate had no instructions to withdraw the case.
3. On 30. 1.2018, Mr. Mutuma advocate for the interested party had informed the court that they would be opposing the application of 24. 7.2017 and requested for 14 days to file a response which prayer was allowed.
4. The matter was to be canvassed by way of filing written submissions. The interested party did not file any replying affidavit or submissions.
5. For the Attorney General, there was indication that they would not oppose the application.
6. The application is hence unopposed. I allow the same. However, considering that this matter is very old and that exparte applicant had not moved the matter for prosecution from 23. 7.2013 and that it is the court on its own motion which had listed the matter for hearing on 12. 6.2017, then I direct that the case be listed down for hearing within the next 90 days.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 16th MAY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Mwiti holding brief for Thangicia for exparte applicant present
Attorney General for respondent absent
Mutuma for Interested party present
HON. LUCY. N. MBUGUA
ELC JUDGE