[2015] KEHC 7910 (KLR)
The court found that the applicants failed to comply with its directive to file written submissions within the prescribed period, despite being granted adequate time. This non-compliance prevented the respondent from filing submissions and demonstrated a lack of diligence and interest in prosecuting the application....
Source-derived case information.
- Citation
- [2015] KEHC 7910 (KLR)
- Parties
- Plaintiff: Jacob Mwirigi Ngari; Plaintiff: Alice Ngari; Plaintiff: David Kinoti Ngari; Plaintiff: Philiph Muthomi Ngari; Plaintiff: Koome Isaac Ngari; Plaintiff: Lydia Kathure Isaac; Plaintiff: Judah Kimathi Ngari; Defendant: M'Ringera M'Aburia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Land Case 240 of 2013
- Procedural Posture
- Land Case / Ruling on Interlocutory Application for Inhibition
- Outcome
- application dismissed
- Judges
- FM Njoroge
- Legal Topics
- Inhibition Orders, Family Land Disputes, Interlocutory Applications, Failure to Prosecute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Mwirigi Ngari
Plaintiff
Alice Ngari
Plaintiff
David Kinoti Ngari
Plaintiff
Philiph Muthomi Ngari
Plaintiff
Koome Isaac Ngari
Plaintiff
Lydia Kathure Isaac
Plaintiff
Judah Kimathi Ngari
Plaintiff
M'Ringera M'Aburia
Defendant
Procedural Posture
Land Case / Ruling on Interlocutory Application for Inhibition
Legal Issues
- 1 Whether the applicants are entitled to an inhibition order restraining the defendant from dealing with the suit land parcels pending determination of the suit.
- 2 Whether failure by the applicants to file written submissions as directed warrants dismissal of the application.
Ratio Decidendi
The court found that the applicants failed to comply with its directive to file written submissions within the prescribed period, despite being granted adequate time. This non-compliance prevented the respondent from filing submissions and demonstrated a lack of diligence and interest in prosecuting the application. The court held that compliance with its orders is essential for the orderly administration of justice and that failure to do so warrants dismissal of the application. Consequently, the application for inhibition was dismissed, with costs to be in the cause.
Court Disposition
application dismissed
Orders
- The application dated 29th August, 2013 is dismissed.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
THE LAND AND ENVIRONMENT DIVISION
LAND CASE NO 240 OF 2013
JACOB MWIRIGI NGARI …............................................................1ST PLAINTIFF
ALICE NGARI ….............................................................................2ND PLAINTIFF
DAVID KINOTI NGARI.....................................................................3RD PLAINTIFF
PHILIPH MUTHOMI NGARI............................................................4TH PLAINTIFF
KOOME ISAAC NGARI............................................................. ....5TH PLAINTIFF
LYDIA KATHURE ISAAC...............................................................6TH PLAINTIFF
JUDAH KIMATHI NGARI................................................................7TH PLAINTIFF
VERSUS
M'RINGERA M'ABURIA.....................................................................DEFENDANT
R U L I N G
This application is dated 29th August, 2013. It is predicated Upon Order 51 Rule 1 of the Civil Procedure Rules, 2010, Section 68 and 69 of the Land Registration Act, 2012, Sections 1A, 1B, 3A and 63 (e) of the Civil Procedure Act and any other enabling provisions of the law. The application seeks the following orders:-
THATthis application be certified as very urgent and the same be heard as a matter of priority.
THATthis Honourable Court be pleased to issue order on inhibition against the defendant/respondent inhibiting him from any dealings with land parcels LR. Nos. ABOTHUGUCHI/KITHIRUNE/549 and 1338 pending the inter-parties hearing and determination of this application.
THATthis Honourable Court be pleased to issue order on inhibition against the defendant/respondent inhibiting him from any dealings with land parcels LR. Nos. ABOTHUGUCHI/KITHIRUNE/549 and 1338 pending the hearing and determination of the suit.
THATcosts for and incidental to this application be provided for.
The application has the following grounds:-
THATthe applicants are all adult and grown up children of the respondent and the respondent has refused to allocate them portions of land parcels ABOTHUGUCHI/KITHIRUNE/549 and 1338 to establish their homes and practices subsistence farming.
THATthe applicants know no other lands and home and have no means to buy alternative lands.
THATthe respondent has threatened to dispose the family lands and render the applicants destitute, vagabond and homeless.
THATthe applicant will suffer great prejudice if this application declined but the respondent will not suffer any prejudice since the applicants are not seeking to displace him from where he has built or dispossess him any title to the family lands.
The application is supported by the affidavit of Jacob Mwirigi Ngari, the 1st Applicant.
On 26th September, 2013, the Court directed that the application be heard by way of Written Submissions. The applicant was granted 7 days to do so. The respondent was to respond within 7 days after being served with the applicants Submissions. Over 2 years later the applicant has not filed and exchanged his Written Submissions. As a result the respondent could not file his Submissions.
Mr. Mwirigi, for the respondent has asked the Court to dismiss the application as the applicants had disobeyed a Court Order and were not keen on prosecuting their application. I agree with him. This application merits dismissal. It is therefore dismissed with costs to be in the cause.
It is so ordered.
Delivered in open Court at Meru This 28th October, 2015 in the presence of:
CC: Lilian/Daniel
Muthomi h/b Gichunge for Plaintiffs
Mwirigi for the Defendant
P. M. NJOROGE
JUDGE