[2019] KEELC 2274 (KLR)
The court found that the applicants were not notified of the transfer of the suit from Nakuru to Narok Environment and Land Court. The absence of notice to the parties and their advocates constituted a reasonable explanation for their non-attendance, leading to the dismissal for want of prosecution. The court held...
Source-derived case information.
- Citation
- [2019] KEELC 2274 (KLR)
- Parties
- Plaintiff: Hannah Njoki Wahindi; Plaintiff: Rufus Mwangi; Defendant: The Attorney General; Defendant: Jane Nduta; Defendant: Grace Wambui; Defendant: Christine Muthoni
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 172 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Reinstatement and Transfer of Suit
- Outcome
- application allowed
- Judges
- MN Kullow
- Legal Topics
- Reinstatement of Suit, Transfer of Suit, Want of Prosecution, Jurisdiction, Notice to Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hannah Njoki Wahindi
Plaintiff
Rufus Mwangi
Plaintiff
The Attorney General
Defendant
Jane Nduta
Defendant
Grace Wambui
Defendant
Christine Muthoni
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Reinstatement and Transfer of Suit
Legal Issues
- 1 Whether the suit should be reinstated after dismissal for want of prosecution.
- 2 Whether the suit should be transferred to the appropriate court with jurisdiction.
- 3 Whether parties were properly notified of the transfer of the suit.
Ratio Decidendi
The court found that the applicants were not notified of the transfer of the suit from Nakuru to Narok Environment and Land Court. The absence of notice to the parties and their advocates constituted a reasonable explanation for their non-attendance, leading to the dismissal for want of prosecution. The court held that in the interests of justice, the suit should be reinstated. Furthermore, since the suit land is situated within the jurisdiction of Nyandarua Environment and Land Court, the court ordered the transfer of the suit to that court for hearing and determination. The application was unopposed, and the explanations provided by the applicants were deemed reasonable.
Court Disposition
application allowed
Orders
- The suit is reinstated.
- The suit is transferred to Nyandarua Environment and Land Court for hearing and determination.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LANDS COURT AT NAROK
ELC CAUSE NO. 172 OF 2017
HANNAH NJOKI WAHINDI...................................................1ST PLAINTIFF
RUFUS MWANGI.....................................................................2ND PLAINTIFF
-VERSUS-
THE ATTORNEY GENERAL..............................................1ST DEFENDANT
JANE NDUTA.........................................................................2ND DEFENDANT
GRACE WAMBUI..................................................................3RD DEFENDANT
CHRISTINE MUTHONI.......................................................4TH DEFENDANT
RULING
By an Application dated 5th December, 2018 and brought under section 1A,1B and 3A of the Civil Procedure Rules the Applicant sought for orders to reinstate the suit and upon grants of the orders of reinstatement the suit herein be transferred to Nakuru Environment and Land Court for hearing and determination.
The Application is based on the grounds that the suit was erroneously transferred to Narok Environment and Land Court though the suit was part heard before Nakuru Environment and Land Court and was awaiting Defence Hearing and that no Notice was served upon the parties and their advocates on the transfer of the suit to Narok Environment and Land Court. The Application was further based on the Affidavit of the Applicants even though the Application was served upon the Respondents they never filed any Replying Affidavit nor their submissions despite being given the chance to do so and thus the Application remains unchallenged and uncontested.
I have perused the record and find that the suit herein was dismissed by the court on 19th April, 2019 for want of prosecution as the parties and their advocates were absent. From the record it is evident that the parties were not notified that the suit had been transferred to Narok Environment and Land Court and in the circumstances I find the Applicants explanations reasonable and thus order that the suit herein be reinstated and since the suit land is situated within the jurisdiction of Nyandarua Environment and Land Court I order that the suit be transferred to Nyandarua Environment and Land Court for hearing and determination.
I will issue no orders as to costs.
DATED, SIGNED and DELIVERED in open court at NAROK on this 23rd day of July, 2019
Mohammed Kullow
Judge
23/7/19
In the presence of:
Advocates and parties absent
CA:Chuma/Kimiriny
Mohammed Kullow
Judge
23/7/19