[2017] KEELC 1567 (KLR)
The court found that both parties had complied with the requirements of Order 11 of the Civil Procedure Rules and had demonstrated sufficient cause for the suit not to be dismissed. The court exercised its discretion in favour of allowing the matter to proceed to hearing, emphasizing the importance of determining...
Source-derived case information.
- Citation
- [2017] KEELC 1567 (KLR)
- Parties
- Plaintiff: Fredrick Kirimi; Defendant: Wilfred Kinyua
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 106 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- Suit not dismissed; matter to proceed to hearing.
- Judges
- FM Njoroge
- Legal Topics
- Want of Prosecution, Case Dismissal, Order 11 Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Kirimi
Plaintiff
Wilfred Kinyua
Defendant
Procedural Posture
Land and Property Suit / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution.
- 2 Whether the parties have complied with Order 11 of the Civil Procedure Rules.
Ratio Decidendi
The court found that both parties had complied with the requirements of Order 11 of the Civil Procedure Rules and had demonstrated sufficient cause for the suit not to be dismissed. The court exercised its discretion in favour of allowing the matter to proceed to hearing, emphasizing the importance of determining cases on their merits rather than on technicalities. Consequently, the application for dismissal for want of prosecution was declined, and the suit was set down for hearing on a future date.
Court Disposition
Suit not dismissed; matter to proceed to hearing.
Orders
- The suit is not dismissed for want of prosecution.
- The suit will be heard on 13.11.2017.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT CHUKA
CHUKA ELC CASE NO 106 OF 2017
FORMRLY MERU ELC CASE NO.100 OF 2007
FREDRICK KIRIMI..........................PLAINTIFF
VERSUS
WILFRED KINYUA......................DEFENDANT
RULING
1. Parties came to court on 10. 10. 2017 to show cause why the suit should not be dismissed for want of prosecution.
2. Mr.Nyamu Nyaga, the plaintiff’s advocate, told the court that all parties had complied with order 11, CPR. He asked the court to give the parties a last chance so that the suit can be heard and determined on its merits.
3. Miss Wanjohi, the defendant’s advocate, supported the position taken by the plaintiff’s advocate.
4. I find that the parties have shown to the satisfaction of the court that the suit should not be dismissed.
5. In the circumstances, the suit is not dismissed.
6. The suit will be heard on 13. 11. 2017.
7. It is so ordered.
Written and delivered in open court at Chuka this 10th day of October, 2017 in the presence of:
CA: Ndegwa
Nyamu Nyaga for the Plaintiff
Miss Wanjohi for the Defendant
P.M. NJOROGE
JUDGE