[2018] KEELC 4659 (KLR)
The court found that both parties repeatedly failed to attend court despite being served with notices and given multiple opportunities to appear for directions and hearing. This persistent non-attendance demonstrated indolence and disregard for the court process. Invoking Order 12 Rule 1 of the Civil Procedure...
Source-derived case information.
- Citation
- [2018] KEELC 4659 (KLR)
- Parties
- Plaintiff: Irvine Mwenda Japhet; Defendant: M’Kanga M’Rwito Kanyinyiro
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 212 of 2017
- Procedural Posture
- Land and Environment Case / Ruling on Dismissal for Non Attendance
- Outcome
- suit dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Non Attendance, Order 12 Rule 1, Court Case Management, Environment and Land Court Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Irvine Mwenda Japhet
Plaintiff
M’Kanga M’Rwito Kanyinyiro
Defendant
Procedural Posture
Land and Environment Case / Ruling on Dismissal for Non Attendance
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to repeated non-attendance by both parties.
- 2 Whether the court is justified in invoking Order 12 Rule 1 of the Civil Procedure Rules in the circumstances.
Ratio Decidendi
The court found that both parties repeatedly failed to attend court despite being served with notices and given multiple opportunities to appear for directions and hearing. This persistent non-attendance demonstrated indolence and disregard for the court process. Invoking Order 12 Rule 1 of the Civil Procedure Rules, the court held that dismissal of the suit was warranted to uphold the objectives of expeditious and proportionate resolution of disputes as set out in the Environment and Land Court Act and the Civil Procedure Act. The court concluded that continued inaction by the parties justified dismissal to prevent further delay and to serve the interests of justice.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 212 OF 2017
FORMERLY MERU ELC. 152 OF 2011 (OS)
IRVINE MWENDA JAPHET ……………..…...……………..…….PLAINTIFF
VERSUS
M’KANGA M’RWITO KANYINYIRO……………………………DEFENDANT
RULING
1. Parties in this suit are in the habit of failing to come to court without proffering any explanation. For example on 19. 9.2017, the parties by consent, agreed to come to court for directions on 24. 10. 2017.
2. On 24. 10. 2017, the parties did not come to court. The court directed that notice be issued for parties to come to court for directions on 13. 11. 2017.
3. Notice was duly served. On 13. 11. 2017, they, once again, failed to come to court. The court ordered that notice be issued for the parties to come to court for HEARINGof the suit on 24. 1.2018.
4. On 24. 1.2018, once again, the parties ignored this court’s notice requiring them to come to court for hearing of this suit. As required by Order 12 Rule 1 of the Civil Procedure Rules, the suit was called on for hearing outside the court. Neither party was present.
5. This court was constrained to invoke the provisions of Order 12 Rule 1 of the Civil Procedure Rules and resolved to dismiss this suit.
6. Section 3(1) of the Environment and Land Court Act sets out its principal objective as to enable the court to facilitate the just, expeditious, proportionate and accessible resolution of disputes pertaining to land and the environment. Where it is demonstrated that the litigants have been indolent, as outrightly evinced in this matter, dismissal of a suit will facilitate the just, expeditious and proportionate resolution of the apposite dispute. Such a dismissal will also capture the overriding objective enunciated by section 1 (A) of the Civil Procedure Act.
7. In the circumstances, this suit is dismissed.
Delivered in open court at Chuka this 7th day of February, 2018 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE