[2021] KEELC 449 (KLR)
The court found that the applicant failed to comply with its directions to file written submissions within the stipulated period and did not take steps to prosecute the matter even after being granted an extension. The court concluded that the applicant was not ready to prosecute the case, and therefore, the pending...
Source-derived case information.
- Citation
- [2021] KEELC 449 (KLR)
- Parties
- Applicant: Darara Self Help Group through their Chairman and Group Representative Ibrahim Guyo; Respondent: Benard M’Nkubitu; Respondent: Joseph Murungi; Respondent: Lucia Kabui
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 5 of 2020
- Procedural Posture
- Originating Summons / Ruling on Non Prosecution of Applications
- Outcome
- pending applications dismissed for non-prosecution; directions issued for further compliance
- Legal Topics
- Dismissal for Non Prosecution, Compliance With Court Orders, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Darara Self Help Group through their Chairman and Group Representative Ibrahim Guyo
Applicant
Benard M’Nkubitu
Respondent
Joseph Murungi
Respondent
Lucia Kabui
Respondent
Procedural Posture
Originating Summons / Ruling on Non Prosecution of Applications
Legal Issues
- 1 Whether the applicant complied with the court's directions to file written submissions within the stipulated period.
- 2 Whether the pending applications should be dismissed for non-prosecution.
Ratio Decidendi
The court found that the applicant failed to comply with its directions to file written submissions within the stipulated period and did not take steps to prosecute the matter even after being granted an extension. The court concluded that the applicant was not ready to prosecute the case, and therefore, the pending applications were dismissed for non-prosecution. The applicant was directed to comply with Order 11 and list the originating summons for directions within 45 days if they wished to proceed further.
Court Disposition
pending applications dismissed for non-prosecution; directions issued for further compliance
Orders
- The pending applications are dismissed for non-prosecution.
- The plaintiff to comply with Order 11 and list the originating summons for directions within 45 days.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ORIGINATING SUMMONS NO. 5 OF 2020
IN THE MATTER OF 7. 9 HA OF LAND PARCEL NO. IGEMBE/NDOLELI/ANTUBETWE/KIONGO REGISTERED IN THE NAMES OF BENARD M’NKUBITU
AND
1. 94 H.A. OF LAND PARCEL NO. IGEMBE/NDOLELI/ANTUBETWE/KIONGO/2662
AND
2. 0 HA OF LAND NO. IGEMBE/NDOLELI/ANTUBETWE/KIONGO/1082 REGISTERED IN THE NAMES OF LUCIA KABUI
DARARA SELF HELP GROUP
THRO’
THEIR CHAIRMAN AND GROUP REPRESENTATIVE
IBRAHIM GUYO ..........................................................PLAINTIFF/APPLICANT
VERSUS
BENARD M’NKUBITU .................................1ST DEFENDANT/RESPONDENT
JOSEPH MURUNGI .....................................2ND DEFENDANT/RESPONDENT
LUCIA KABUI................................................3RD DEFENDANT/RESPONDNET
RULING
1. On 14. 2.2021 the applicant was ordered to file written submissions within 45 days and a mention taken for 12. 10. 2021. There was no compliance when the matter was mentioned on 12. 10. 2021.
2. Again the plaintiff’s advocate requested for 3 days to comply. There was no compliance after the three days requested. It is apparent the plaintiff is not ready to prosecute this matter.
3. The pending applications are hereby dismissed for non-prosecution. The plaintiff to comply with Order 11 and list the originating summons for directions within 45 days.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS AT MERU THIS 8TH DAY OF DECEMBER, 2021
In presence of:
NO APPEARANCE FOR PARTIES
COURT ASSISTANT - KANANU
HON. C.K. NZILI
ELC JUDGE