[2017] KEHC 2216 (KLR)
The court found that the plaintiff failed to comply with its previous orders requiring full compliance with Order 11 of the Civil Procedure Rules and failed to serve the defendant with the relevant court orders. This non-compliance constituted an abuse of the court process. Exercising its inherent powers, the court...
Source-derived case information.
- Citation
- [2017] KEHC 2216 (KLR)
- Parties
- Plaintiff: Cyprian Kithure Gaichena; Defendant: Jeremiah Muthengi
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 255 of 2017
- Procedural Posture
- Land and Environment Case / Ruling on Compliance and Dismissal
- Outcome
- Suit dismissed for non-compliance and abuse of court process.
- Judges
- FM Njoroge
- Legal Topics
- Case Dismissal, Non Compliance With Court Orders, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cyprian Kithure Gaichena
Plaintiff
Jeremiah Muthengi
Defendant
Procedural Posture
Land and Environment Case / Ruling on Compliance and Dismissal
Legal Issues
- 1 Whether the plaintiff complied with Order 11 of the Civil Procedure Rules as previously ordered by the court.
- 2 Whether failure to comply with court orders and serve the defendant warrants dismissal of the suit for abuse of court process.
Ratio Decidendi
The court found that the plaintiff failed to comply with its previous orders requiring full compliance with Order 11 of the Civil Procedure Rules and failed to serve the defendant with the relevant court orders. This non-compliance constituted an abuse of the court process. Exercising its inherent powers, the court determined that the only appropriate remedy was to dismiss the suit and vacate any existing interlocutory orders. The court declined to make any order as to costs.
Court Disposition
Suit dismissed for non-compliance and abuse of court process.
Orders
- The suit is dismissed.
- Any extant interlocutory orders are vacated.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT CHUKA
CHUKA ELC CASE NO 255 OF 2017
FORMRLY MERU ELC CASE NO. 77 OF 2016
CYPRIAN KITHURE GAICHENA………….………………………..PLAINTIFF
VERSUS
JEREMIAH MUTHENGI ………………………………………….DEFENDANT
RULING
1. Vide a ruling delivered by this court on 26th September, 2017, the plaintiff was ordered to fully comply with order 11, CPR, within 14 days of that date. The defendant was ordered to fully comply with order 11, CPR, within 14 days after receipt of the plaintiff’s compliance documents.
2. The plaintiff was ordered to serve upon the defendant the orders issued by the court vide the apposite ruling. Upon perusal of the court file, it is pellucid that the plaintiff did not fully comply with order 11, CPR as ordered by the court. It is also clear that the orders issued by the court on 26. 9.2017 have not been served upon the defendant by the plaintiff.
3. I find that this is one of the rare cases I am constrained to invoke the inherent power of this court to dismiss a suit for the reason that a party or parties have abused the court process.
4. In the circumstances, this suit is dismissed with the result that any extant interlocutory orders are automatically vacated.
5. I issue no orders as to costs.
Delivered in open court at Chuka this 30th day of October, 2017 in the presence of:
CA: Ndegwa
Parties not present
P.M. NJOROGE
JUDGE