[2021] KEELC 4073 (KLR)
The court found that none of the parties filed submissions on the application for interim injunctive orders despite a court order to that effect. As no other manner of disposal of the application was available, the court deemed the application as unprosecuted and dismissed it for want of prosecution. Consequently,...
Source-derived case information.
- Citation
- [2021] KEELC 4073 (KLR)
- Parties
- Applicant: George Hopf; Respondent: The Director of Survey; Respondent: The Cabinet Secretary, Ministry of Lands and Physical Planning; Respondent: The Hon. Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 4 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- application dismissed for want of prosecution; interim orders vacated
- Legal Topics
- Injunctive Relief, Land Registration, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Hopf
Applicant
The Director of Survey
Respondent
The Cabinet Secretary, Ministry of Lands and Physical Planning
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the application for interim injunctive orders should be granted pending the hearing and determination of the suit.
- 2 Whether the application should be dismissed for want of prosecution.
Ratio Decidendi
The court found that none of the parties filed submissions on the application for interim injunctive orders despite a court order to that effect. As no other manner of disposal of the application was available, the court deemed the application as unprosecuted and dismissed it for want of prosecution. Consequently, all interim orders previously issued were vacated. The decision underscores the necessity for parties to comply with court directions and prosecute their applications diligently, failing which the court is entitled to dismiss such applications to ensure the efficient administration of justice.
Court Disposition
application dismissed for want of prosecution; interim orders vacated
Orders
- The application dated 20th January 2021 is dismissed for want of prosecution.
- All interim orders issued by the court on 21st January 2021 are vacated.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KITALE
ELC NO. 4 OF 2021
GEORGE HOPF....................................................................................................PETITIONER
VERSUS
THE DIRECTOR OF SURVEY................................................................1ST RESPONDENT
THE CABINET SECRETARY
MINISTRY OF LANDS ANDPHYSICAL PLANNING........................2ND RESPONDENT
THE HON. ATTORNEY GENERAL........................................................3RD RESPONDENT
RULING
1. By a Notice of Motion dated 20/1/2021and filed in court on the same date bought under Sections 24(b), 25(1), (b)and36(1)of theLand Registration Act, Cap No. 2 of 2012, Section 13(7) (a)of theEnvironment and Land Court Act, Act No. 19 of 2011, Section 63of theCivil Procedure Act Cap 21 Laws of Kenya and Order 40 Rule 1of theCivil Procedure Rulesthe applicant seeks the following orders:-
(1) …spent
(2) …spent
(3) …spent
(4) …spent
(5) That pending the hearing and determination of the suit herein the honourable court be pleased to issue interim injunctive orders against the respondents herein from interfering surveying, subdividing, alienating or preparing survey plans and maps and/or in any way dealing either by themselves, their agents, employees and/or assigns with the suit property LR. No. 2073/23.
(6) That pending the hearing and determination of the suit herein this honourable court be pleased to issue temporary injunctive orders against the 1st respondent, his agents, assigns, employees and/or anyone acting on their behalf from entering and/or in any way interfering with the suit property LR. No. 2073/23.
(7) That costs of this application be borne by the respondents.
2. The application is supported by the affidavit of the applicant sworn on 20/1/2021.
3. None of the parties filed their submissions on the application despite a court order to that effect. No other manner of disposal of the application having been available to the parties, this court has no alternative but to deem the application dated 20th January 2021 as unprosecuted. I therefore dismiss the said application for want of prosecution. For the avoidance of doubt all the interim orders issued by this court on the 21st January 2021 are hereby vacated.
It is so ordered.
Dated, signed and delivered at Kitale via electronic mail on this 3rd day of March, 2021.
MWANGI NJOROGE
JUDGE, ELC, KITALE.