[2018] KEELC 2919 (KLR)
The application was dismissed because neither the applicant nor his advocate appeared in court on the scheduled date for the ex-parte hearing. As a result, the application was not prosecuted, and the court exercised its discretion to dismiss the matter for want of prosecution. No substantive consideration was given...
Source-derived case information.
- Citation
- [2018] KEELC 2919 (KLR)
- Parties
- Applicant: Jackson Kamau Nthiga (Legal Representative of Nthiga Matumo); Respondent: Humprey Kirimi Mbuba
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 2 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time and Stay of Execution
- Outcome
- application dismissed for want of prosecution
- Legal Topics
- Extension of Time, Stay of Execution, Appeals Process, Judgment Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Kamau Nthiga (Legal Representative of Nthiga Matumo)
Applicant
Humprey Kirimi Mbuba
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time and Stay of Execution
Legal Issues
- 1 Whether the applicant is entitled to an extension of time to file an appeal against the judgment in Chuka CMCC No. 16 of 2004.
- 2 Whether a stay of execution should be granted pending the hearing of the application.
Ratio Decidendi
The application was dismissed because neither the applicant nor his advocate appeared in court on the scheduled date for the ex-parte hearing. As a result, the application was not prosecuted, and the court exercised its discretion to dismiss the matter for want of prosecution. No substantive consideration was given to the merits of the application for extension of time or stay of execution, as the threshold requirement of prosecution was not met.
Court Disposition
application dismissed for want of prosecution
Orders
- The application dated 9th June, 2018 is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA MISCELLANEOUS ELC APPLICATION NO. 02 OF 2018
JACKSON KAMAU NTHIGA
(LEGAL REPRESENTATIVE OF NTHIGA MATUMO)........APPLICANT
VERSUS
HUMPREY KIRIMI MBUBA.................................................RESPONDENT
RULING
1. This application is dated 9th June, 2018 and seeks orders:
a) That this application be certified urgent.
b) That this honourable court be pleased to extend time for the applicant to appeal against the judgment of the Chief Magistrate Chuka in Chuka CMCC No. 16 of 2004.
c) That pending the hearing of this application there be stay of execution of the judgment Decree in Chuka CMCC No. 16 of 2004.
d) That the costs of this application be provided.
2. The application has the following grounds:
i) The applicant has a good appeal but the proceedings and judgment have taken time to be supplied.
ii) That a copy of the judgment which has not been proof read is what was ready.
iii) That the judgment did not consider legal issues which favour the applicant.
iv) That the plaintiff may proceed with execution as the applicant waits for the proceedings and judgment.
3. During the date slated for ex-parte hearing of the application, to wit 12. 6.2018, the applicant and / or his advocate were not in court. The application was, therefore, not prosecuted.
4. In the circumstances, the application is dismissed.
5. No costs are awarded.
6. It is so ordered.
Delivered in open Court at Chuka this 12th day of June, 2018 in the presence of:
CA: Ndegwa
Applicant and/or his advocate absent
P. M. NJOROGE,
JUDGE.