[2017] KEELC 3742 (KLR)
The court found that the 2nd and 3rd defendants had failed to comply with pre-trial directions despite being granted a final opportunity and having ample time since February 2016. No plausible reason was advanced for the continued non-compliance. The court, invoking its discretion under the Civil Procedure Act and...
Source-derived case information.
- Citation
- [2017] KEELC 3742 (KLR)
- Parties
- Plaintiff: Fatuma Mohamed Ali; Defendant: Boru Dika; Defendant: Henry Kimathi; Defendant: Festus Nyaga Kamberia
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 25 of 2013
- Procedural Posture
- Civil Suit / Ruling on Compliance With Pre Trial Directions (order 11)
- Outcome
- Application for extension of time for compliance by 2nd and 3rd defendants declined.
- Judges
- LN Mbugua
- Legal Topics
- Pre Trial Compliance, Case Management, Directions Order, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fatuma Mohamed Ali
Plaintiff
Boru Dika
Defendant
Henry Kimathi
Defendant
Festus Nyaga Kamberia
Defendant
Procedural Posture
Civil Suit / Ruling on Compliance With Pre Trial Directions (order 11)
Legal Issues
- 1 Whether the 2nd and 3rd defendants have provided sufficient reason for non-compliance with pre-trial directions.
- 2 Whether the court should grant a further extension of time for compliance to the 2nd and 3rd defendants.
Ratio Decidendi
The court found that the 2nd and 3rd defendants had failed to comply with pre-trial directions despite being granted a final opportunity and having ample time since February 2016. No plausible reason was advanced for the continued non-compliance. The court, invoking its discretion under the Civil Procedure Act and the Constitution, declined to grant any further extension of time for compliance. The court emphasized that orders granting final chances must not be rendered meaningless by repeated indulgence. Consequently, the court directed that the matter proceed without further delay, and would issue directions on the further conduct of the case.
Court Disposition
Application for extension of time for compliance by 2nd and 3rd defendants declined.
Orders
- No further extension of time for compliance is granted to the 2nd and 3rd defendants.
- The court will proceed to give directions on how the case will proceed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
LAND AND ENVIRONMENT DIVISION
CIVIL SUIT NO 25 OF 2013
FATUMA MOHAMED ALI.......................................................PLAINTIFF
VERSUS
BORU DIKA.................................................................1ST DEFENDANT
HENRY KIMATHI .......................................................2ND DEFENDANT
FESTUS NYAGA KAMBERIA...................................3RD DEFENDANT
R U L I N G
The matter is coming up for confirmation of compliance(Order 11). This is a case whereby the issue of compliance has been running since 16:02:16. The Court had given time lines on compliance. On 22. 02: 17, Counsel for 2nd and 3rd defendant, Mr. Kibiti had told the Court that they only needed 7 more days to comply.
The Court indulged them, so did the other parties.
I find that there is no plausible reason advanced as to why the 2nd and 3rd Defendants have not complied since February, 2016. The orders made on 22:02:17 were as follows:-
“2nd and 3rd Respondent are given final chance to comply”.
Such orders should not be made in vain. Pursuant to provisions of Article 159 2 (b) as well as Section 1 A (3) of the C.P.A, I decline to extend the time for compliance. The Court will proceed to give directions on how case will proceed.
DELIVERED IN OPEN COURT AT MERU THIS 1ST DAY OF MARCH, 2017 IN THE PRESENCE OF:-
CA: Dalphine
Miss Rimita for 2nd Defendant
Nyenyire h/b for Kabiru for Plaintiff
Munene for 1st and 3rd Defendant
L. N. MBUGUA
JUDGE