[2020] KEELC 2651 (KLR)
The court found that the suit had been dismissed on 11th March, 2015 under Order 17 rule 2(1) of the Civil Procedure Rules by the Embu court. As a result, there was no longer a suit in existence to be transferred to Chuka. The transfer only involved the physical file, not the legal status of the case. Consequently,...
Source-derived case information.
- Citation
- [2020] KEELC 2651 (KLR)
- Parties
- Plaintiff: Idelfonse M’Mbore Magiri; Defendant: Silvesta Ithima Nyaga; Defendant: Orieste Njeru; Defendant: Oscar Kirunja; Defendant: Attorney General (sued on behalf of the Director of Land Adjudication & Settlement)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 22 of 2019
- Procedural Posture
- Civil Case / Ruling on Status and Closure of Suit
- Outcome
- suit dismissed and file closed
- Legal Topics
- Suit Dismissal, Transfer of Suit, Order 17 Rule 2, Ad Litem Substitution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Idelfonse M’Mbore Magiri
Plaintiff
Silvesta Ithima Nyaga
Defendant
Orieste Njeru
Defendant
Oscar Kirunja
Defendant
Attorney General (sued on behalf of the Director of Land Adjudication & Settlement)
Defendant
Procedural Posture
Civil Case / Ruling on Status and Closure of Suit
Legal Issues
- 1 Whether there is an existing suit capable of being transferred from Embu to Chuka.
- 2 Whether the plaintiff can be substituted after the suit was dismissed.
- 3 Whether the Attorney General was properly served with suit papers.
Ratio Decidendi
The court found that the suit had been dismissed on 11th March, 2015 under Order 17 rule 2(1) of the Civil Procedure Rules by the Embu court. As a result, there was no longer a suit in existence to be transferred to Chuka. The transfer only involved the physical file, not the legal status of the case. Consequently, there was no basis for substitution of the plaintiff or for further proceedings. The file was ordered closed and removed from the register of unheard matters. No order as to costs was made.
Court Disposition
suit dismissed and file closed
Orders
- The file is marked closed and removed from the list of unheard matters in the register of ELC cases at Chuka.
- No order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CIVIL CASE NO. 22 OF 2019
FORMERLY EMBU HCC NO. 74 OF 2002
IDELFONSE M’MBORE MAGIRI .............................................................PLAINTIFF
VERSUS
SILVESTA ITHIMA NYAGA.............................................................1ST DEFENDANT
ORIESTE NJERU...............................................................................2ND DEFENDANT
OSCAR KIRUNJA..............................................................................3RD DEFENDANT
THE AG (SUED ON BEHALF OF THE DIRECTOR OF LAND
ADJUDICATION & SETTLEMENT)...............................................4TH DEFENDANT
RULING
1. The Ruling in this matter was to be delivered on 24th March, 2020. This could not be done because of complications brought about by the Corona Virus Crisis. Upon issuance of the apposite notice to the parties, the Ruling will be delivered in open court today. This is because this court lacks the necessary technological facilities to deliver the Ruling electronically. However, all precautions have been taken to ensure compliance with all measures necessary to obviate the spread of the Corona 2019 virus.
2. On 25th February, 2020 Miss Kaaria, the advocate representing the plaintiff told the court that this matter had been transferred to Chuka from Embu. She told the court that the plaintiff was now deceased and that his family had managed to obtain ad litem letters of administration. She asked the court to grant her 21 days for the plaintiff to be substituted.
3. Mr. Kiongo told the court that the Attorney General had not been served with any suit papers. He said that since this matter was originally heard at Embu, the AG’s office in Nairobi could have handled the matter. He went on to say that since the suit was filed in 2002, almost 20 years ago, it may be difficult to trace apposite documents in Nairobi. He asked the plaintiff to serve the AG with the suit papers. He also suspected that the suit may have been dismissed.
4. I have perused the file. This suit was filed at Embu on 14th November, 2002, almost twenty years ago. On 11th March, 2015, the court at Embu dismissed the suit in terms of Order 17 rule 2(1) of the Civil Procedure Rules. This being the case, the suit is no longer in existence. Hence, there was no suit to be transferred from Embu to Chuka. What has been transferred is the file and nothing else.
5. In the circumstances, it is ordered as follows:
a) As there is no existing case, this file should be marked closed and be removed from the list of unheard matters in the register of ELC cases at Chuka.
b) I issue no order as to costs.
Delivered in open Court at Chuka this 5th day of May, 2020 in the presence of:
CA: Ndegwa
Mark Muriithi for the 1st, 2nd and 3rd defendants
Plaintiff and advocate absent
P. M. NJOROGE,
JUDGE.