[2023] KEELC 17268 (KLR)
The court found that neither the parties nor their advocates attended court on the scheduled hearing date, despite being aware of it. Pursuant to Order 12 Rule 1 of the Civil Procedure Rules, the court has the discretion to dismiss a suit where both parties fail to attend the hearing. The judge exercised this...
Source-derived case information.
- Citation
- [2023] KEELC 17268 (KLR)
- Parties
- Plaintiff: Hussein Sharrif Ibdirahim (Suing as the legal representative of the Estate of Sharrif Abdirahim); Defendant: Abdukadir Sharrif Abdirahim
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 004 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Non Attendance at Hearing
- Outcome
- suit dismissed for non-attendance
- Judges
- PM Njoroge
- Legal Topics
- Dismissal for Non Attendance, Order 12 Rule 1, Suit Dismissal, Hearing Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hussein Sharrif Ibdirahim (Suing as the legal representative of the Estate of Sharrif Abdirahim)
Plaintiff
Abdukadir Sharrif Abdirahim
Defendant
Procedural Posture
Environment and Land Case / Ruling on Non Attendance at Hearing
Legal Issues
- 1 Whether the suit should be dismissed due to non-attendance of both parties and their advocates at the scheduled hearing date.
Ratio Decidendi
The court found that neither the parties nor their advocates attended court on the scheduled hearing date, despite being aware of it. Pursuant to Order 12 Rule 1 of the Civil Procedure Rules, the court has the discretion to dismiss a suit where both parties fail to attend the hearing. The judge exercised this discretion and dismissed the suit for non-attendance.
Court Disposition
suit dismissed for non-attendance
Orders
- The suit is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
Ibdirahim (Suing as the legal representative of the Estate of Sharrif Abdirahim) v Abdirahim (Environment & Land Case 004 of 2021) [2023] KEELC 17268 (KLR) (8 May 2023) (Ruling)
Neutral citation: [2023] KEELC 17268 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case 004 of 2021
PM Njoroge, J
May 8, 2023
Between
Hussein Sharrif Ibdirahim (Suing as the legal representative of the Estate of Sharrif Abdirahim)
Plaintiff
and
Abdukadir Sharrif Abdirahim
Defendant
Ruling
1. On May 8, 2023, the parties in this suit did not attend court. The suit was called on for hearing outside court as is required by order 12 rule 1 which states as follows:“order 12, rule 1 – if on the day fixed for hearing after the suit has been called on hearing outside the court, neither party attends, the court may dismiss the suit”.
2. I am satisfied that the parties were aware of today’s hearing date. Even their advocates were not in court.
3. In the circumstances, I issue the following orders;a. This suit is dismissed.b. I issue no orders as to costs.
DELIVERED IN OPEN COURT AT ISIOLO THIS 8TH DAY OF MAY, 2023 IN THE PRESENCE OFCourt assistant: BaloziParties not in courtHON. JUSTICE P.M NJOROGEJUDGE