[2023] KEELC 22386 (KLR)
The court found that the 1st defendant failed to comply with two separate court orders requiring the filing of written submissions in support of its application. The absence of compliance with these procedural requirements justified the dismissal of the application. The court exercised its discretion to dismiss the...
Source-derived case information.
- Citation
- [2023] KEELC 22386 (KLR)
- Parties
- Plaintiff: Dama Katana Gona; Plaintiff: Anthony Unda Chongo; Defendant: Indus Limited; Defendant: District Land Registrar Kilifi; Defendant: The Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Land Case 11 of 2022
- Procedural Posture
- Land Case / Ruling on Interlocutory Application
- Outcome
- Application dismissed for want of compliance with court orders.
- Judges
- FM Njoroge
- Legal Topics
- Non Compliance With Court Orders, Dismissal of Application, Estate Administration, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dama Katana Gona
Plaintiff
Anthony Unda Chongo
Plaintiff
Indus Limited
Defendant
District Land Registrar Kilifi
Defendant
The Attorney General
Defendant
Procedural Posture
Land Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the 1st defendant's application should be dismissed for failure to comply with court orders regarding filing of submissions.
Ratio Decidendi
The court found that the 1st defendant failed to comply with two separate court orders requiring the filing of written submissions in support of its application. The absence of compliance with these procedural requirements justified the dismissal of the application. The court exercised its discretion to dismiss the application for want of compliance, reinforcing the principle that parties must adhere to court directions to facilitate the just, expeditious, and efficient disposal of cases.
Court Disposition
Application dismissed for want of compliance with court orders.
Orders
- The application dated 22/6/2022 is dismissed for want of compliance with court orders.
- The matter shall be mentioned on 21/2/24.
Full Case Text
Judgment text and source record
23 paragraphs
Gona & another (Suing in the Capacity as the Personal Representative of the Estate of Samuel Kapombe Hare (Deceased)) v Indus Limited & 2 others (Land Case 11 of 2022) [2023] KEELC 22386 (KLR) (14 December 2023) (Ruling)
Neutral citation: [2023] KEELC 22386 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Land Case 11 of 2022
FM Njoroge, J
December 14, 2023
Between
Dama Katana Gona
1st Plaintiff
Anthony Unda Chongo
2nd Plaintiff
Suing in the Capacity as the Personal Representative of the Estate of Samuel Kapombe Hare (Deceased)
and
Indus Limited
1st Defendant
District Land Registrar Kilifi
2nd Defendant
The Attorney General
3rd Defendant
Ruling
1. This ruling is in respect of the notice of motion dated 22nd June, 2023 lodged by the 1st defendant/Applicant. I have perused the court file found that though this court ordered on two separate sittings that the trial of the application be by way of written submissions and that the applicant do file submissions, it never complied with those orders. Consequently, the application dated 22/6/2022 is hereby dismissed for want of compliance with court orders. The matter shall be mentioned on 21/2/24.
DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 14TH DAY OF DECEMBER, 2023. MWANGI NJOROGEJUDGE, ELC, MALINDI