[2017] KEHC 5251 (KLR)
The court found that the 2nd Defendant, having failed to file written submissions as directed, did not prosecute the Preliminary Objection. The court therefore exercised its discretion to dismiss the Preliminary Objection for want of prosecution, ensuring adherence to procedural rules and efficient administration of...
Source-derived case information.
- Citation
- [2017] KEHC 5251 (KLR)
- Parties
- Plaintiff: Emelda Karendi Mburugu; Defendant: Evangeline Kagwiria; Defendant: Alphonse M' Ntogaiti
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 32 of 2016
- Procedural Posture
- Environment and Land Case / Ruling on Preliminary Objection
- Outcome
- Preliminary Objection dismissed with costs to the Plaintiff.
- Judges
- LN Mbugua
- Legal Topics
- Preliminary Objection, Dismissal for Non Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emelda Karendi Mburugu
Plaintiff
Evangeline Kagwiria
Defendant
Alphonse M' Ntogaiti
Defendant
Procedural Posture
Environment and Land Case / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the 2nd Defendant's Preliminary Objection dated 20:09:2016 should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the 2nd Defendant, having failed to file written submissions as directed, did not prosecute the Preliminary Objection. The court therefore exercised its discretion to dismiss the Preliminary Objection for want of prosecution, ensuring adherence to procedural rules and efficient administration of justice.
Court Disposition
Preliminary Objection dismissed with costs to the Plaintiff.
Orders
- The Preliminary Objection dated 20:09:2016 is dismissed with costs to the Plaintiff.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND CASE NO 32 OF 2016
EMELDA KARENDI MBURUGU ............................................................PLAINTIFF
VERSUS
EVANGELINE KAGWIRIA ..............................................................1ST DEFENDANT
ALPHONSE M' NTOGAITI................................................................2ND DEFENDANT
R U L I N G
1. Directions were given on 05:04:17 for the Preliminary Objection dated 20:09:2016 to be canvassed by way of Written Submission, whereby such Submission were to be filed by 29:05:2017. The 2nd Defendant is the one who filed the Preliminary Objection. He has not filed Submissions. As such, I take it that the Preliminary Objection has not been prosecuted.
2. The Preliminary Objection of 20:09:16 is hereby dismissed with costs Plaintiff.
Delivered, dated and Signed at Meru this 29th May 2017 in the presence of:
C:A Janet
Miss Mutinda h/b for Kaumbi for 2nd Defendant
Marango Mwenda for Plaintiff
HON. L.N. MBUGUA
JUDGE