[2021] KEELC 3746 (KLR)
The appeal was dismissed not on the substantive merits of the land dispute, but due to the appellant's failure to comply with clear, self-executing court orders regarding the timely filing of written submissions. The court emphasized that its orders are not issued in vain and that parties must adhere strictly to...
Source-derived case information.
- Citation
- [2021] KEELC 3746 (KLR)
- Parties
- Appellant: Geoffrey Mworia; Respondent: Julia Kanana M’Mbogori
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 33 of 2018
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed for non-compliance with court orders
- Legal Topics
- Removal of Caution, Land Registration, Life Interest, Injunctions, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Mworia
Appellant
Julia Kanana M’Mbogori
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant was entitled to removal of the caution placed on parcel No. EX-LEWA/SETTLEMENT/441.
- 2 Whether the respondent had a lawful interest justifying the caution on the suit land.
- 3 Whether the trial court erred in interpreting and applying the Land Registration Act and Land Control Act provisions.
Ratio Decidendi
The appeal was dismissed not on the substantive merits of the land dispute, but due to the appellant's failure to comply with clear, self-executing court orders regarding the timely filing of written submissions. The court emphasized that its orders are not issued in vain and that parties must adhere strictly to procedural directions. Since the appellant filed submissions outside the prescribed period without seeking leave to regularize the documents, the appeal stood dismissed as of the deadline set by the court. The respondent was accordingly awarded costs. The court also noted that the delivery of judgment by electronic means was in compliance with COVID-19 practice directions and that...
Court Disposition
appeal dismissed for non-compliance with court orders
Orders
- The appeal stands dismissed as of 13th November 2020 for failure to file submissions within the court-ordered period.
- The respondent is awarded the costs of the appeal.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC APPEAL NO. 33 OF 2018
GEOFFREY MWORIA...............................................................................APPELLANT
VERSUS
JULIA KANANA M’MBOGORI............................................................RESPONDENT
(Being an appeal from the Judgment of Honorable H.N Ndung’u
delivered on 1st August 2018in Meru CMCC o. 216 of 2014)
JUDGMENT
1. The appellant was the plaintiff in the lower court where he instituted the suit vide a plaint dated 25/06/2014 and amended via a court order dated 27/4/2017 seeking judgment against the defendant for removal of caution placed on parcel No. EX-LEWA/SETTLEMENT/441 on 4/3/2014, an injunction restraining the defendant from interfering with the property rights of the plaintiff in the rest of the parcel and costs of the suit.
2. The plaintiff pleaded that he was the registered owner of parcel No. EX-LEWA/SETTLEMENT/441 and the defendant holds a life interest in part of that land, but she unlawfully cautioned the said land.
3. The Defendant in her statement of defence dated 13/07/2015 and amended on 26/07/2017, denied that she unlawful cautioned parcel No. EX-LEWA/SETTLEMENT/441, averring that, she only cautioned the land to protect her interest in Meru High Court Succession Cause No. 368 of 2005. She also denied that she only has a life interest over the suit land. She claims that plaintiff’s registration as the owner of the land was fraudulent.
4. The suit proceeded to hearing and on 01/08/2018 the trial court delivered a judgment where Plaintiffs claimwasdismissed with costs to the defendant.
5. Aggrieved by the decision of the trial court, the appellant filed his memorandum of appeal on 28/08/2018 raising six (6) grounds claiming that the trial magistrate erred in law;
“In dismissing the appellant’s suit, failing to consider the provisions ofSection 24 and 25of the Land Registration Act, misinterpreting the provisions of Section 73[1] of the Land Registration Act, failing toapply the provisions of Section 8[1] of the Land Control Actand failing to consider the authorities;Maria Ngangi Gwako V Charles Mwenzi Ngangi [2014]eKLR, Samwel Kirubi Njuki V Margaret Wangari Macharia [2014]eKLR”.
6. On 25/11/2019, the parties through their advocates agreed by consent to have the appeal canvassed by way of written submissions. The court gave specific timelines for compliance of which the appellant was supposed to file submissions by 10. 1.2020. On 23. 6.2020, the court gave fresh directions for parties to file their submissions each side having 30 days. Again there was no compliance. Against this back ground, the court gave fresh but self-executing orders on 12/10/2020 in the presence of counsel for the appellant, to the effect that the Appellant had 30 days to file his submissions by 12/11/2020, failure to which the appeal shall stand dismissed. The appellant then filed his submissions on 14/12/2020 which was outside the directions given by this court. No leave was sought to regularize the documents.
7. A court does not give orders in vain. This appeal stood as dismissed by 13. 11. 2020. The respondent is awarded the costs of this appeal.
DATED, SIGNED AND DELIVERED AT MERU THIS 14TH DAY OF APRIL, 2021
HON. LUCY. N. MBUGUA
ELC JUDGE
ORDER
The date of delivery of this Judgment was given to the advocates for the parties through a virtual session via Microsoft teams on 26. 1.2021. In light of the declaration of measures restricting court operations due to the COVID-19 pandemicand following the practice directions issued by his Lordship, the Chief Justice dated 17th March, 2020 and published in the Kenya Gazette of 17th April 2020 as Gazette Notice no.3137, this Judgment has been delivered to the parties by electronic mail. They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court.
HON. LUCY N. MBUGUA
ELC JUDGE