[2021] KEELC 3269 (KLR)
The court found that the applicant failed to comply with its directions to file written submissions by the deadline of 29/01/2021. No application was made to vary or extend the deadline. As a result, the miscellaneous suit stood dismissed as of 30/01/2021 for non-compliance. The court accordingly marked the file as...
Source-derived case information.
- Citation
- [2021] KEELC 3269 (KLR)
- Parties
- Applicant: Isaack Muriira; Respondent: Anwar Ahmed
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 19 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer and Compliance With Court Directions
- Outcome
- application dismissed for non-compliance with court directions
- Legal Topics
- Transfer of Suit, Court Jurisdiction, Non Compliance With Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaack Muriira
Applicant
Anwar Ahmed
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer and Compliance With Court Directions
Legal Issues
- 1 Whether the applicant complied with the court's directions on filing written submissions by the stipulated deadline.
- 2 Whether the application for transfer of suit should be allowed in light of non-compliance with court orders.
Ratio Decidendi
The court found that the applicant failed to comply with its directions to file written submissions by the deadline of 29/01/2021. No application was made to vary or extend the deadline. As a result, the miscellaneous suit stood dismissed as of 30/01/2021 for non-compliance. The court accordingly marked the file as closed, emphasizing the importance of adherence to court orders and procedural timelines.
Court Disposition
application dismissed for non-compliance with court directions
Orders
- The miscellaneous suit is dismissed for failure to file submissions by the deadline of 29/01/2021.
- The file is marked as closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC MISC NO. 19 OF 2020
ISAACK MURIIRA...............................................................................APPLICANT
VERSUS
ANWAR AHMED..............................................................................RESPONDENT
RULING
1. Before me is a notice of motion dated 18/08/2020 brought pursuant to Section 3, 3A, 18 & 63(e) of the Civil Procedure Act. The applicant seeks orders of transfer of the Isiolo Chief Magistrate ELC case No. 18 of 2020 from that court to Meru High Court for hearing and disposal, plus costs.
2. The application is based on the grounds on the face of it and on the supporting affidavit of Isaack Muriira, the plaintiff. The application is unopposed. When the matter came up for hearing on 19/11/2020, the applicant’s counsel prayed that the matter be heard by way of written submissions which prayer was granted. The court gave directions that all submissions were to be filed by 29/01/2021. Failure of non-compliance on the part of the applicant was to attract a dismissal of the application.
3. The applicant’s submissions were filed on 22/02/2021 which was in contravention of the orders given by this court. This court was not moved to vary the orders of 19. 11. 2020. It follows that this miscellaneous suit stood as dismissed on 30. 1.2021 as no submissions had been filed by 29. 1.2021.
4. The file is therefore marked as closed.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS AT MERU THIS 19TH DAY OF MAY, 2021 IN PRESENCE OF:
C/A: Kananu
HON. LUCY. N. MBUGUA
ELC JUDGE