[2017] KEELC 20 (KLR)
The court found that the application for review or setting aside of the order was brought after an inordinate delay of thirteen years since the judgment was entered, and that no appeal had been filed in the intervening period. The court further noted that execution of the judgment had already been completed. In...
Source-derived case information.
- Citation
- [2017] KEELC 20 (KLR)
- Parties
- Plaintiff: Dr. Jacob Ngucie Mwangi; Defendant: Kadzeha Ngala
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 265 of 2003
- Procedural Posture
- Civil Suit / Ruling on Application for Review or Setting Aside of Order
- Outcome
- application dismissed
- Judges
- LC Komingoi
- Legal Topics
- Review of Court Orders, Setting Aside Orders, Delay in Filing Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Jacob Ngucie Mwangi
Plaintiff
Kadzeha Ngala
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Review or Setting Aside of Order
Legal Issues
- 1 Whether the court should review, vary or set aside the ruling/order made on 20th July 2017.
- 2 Whether the application for review was brought without inordinate delay.
- 3 Whether reinstating the application dated 25/4/2017 would serve any meaningful purpose.
Ratio Decidendi
The court found that the application for review or setting aside of the order was brought after an inordinate delay of thirteen years since the judgment was entered, and that no appeal had been filed in the intervening period. The court further noted that execution of the judgment had already been completed. In these circumstances, the court held that reinstating the application would serve no meaningful purpose and that the applicant had not demonstrated sufficient cause to warrant the exercise of the court's discretion in their favour. Accordingly, the application was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application dated 25/4/2017 is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MOMBASA
CIVIL SUIT NO. 265 OF 2003
DR. JACOB NGUCIE MWANGI...............................................PLAINTIFF
VERSUS
KADZEHA NGALA................................................................DEFENDANT
RULING AND/OR DIRECTIONS
1. This is the Chamber Summons dated 20th July 2017.
It seeks orders;
i. That the Honourable Court be pleased to review, vary and/or set aside the ruling/order made on 20th July 2017.
ii. That costs of this application be in the cause.
2. The grounds are on the face of the application and are listed as paragraphs 1 – 10. It is supported by the affidavit of Mary Mwangata, Advocate sworn on the 20/7/17 and another by Kitonga O. Kiiva Advocate sworn on the 15/9/2017.
3. I have considered the Application and the affidavits in support. I have also considered the oral submissions of counsels. I have gone through the court record. Judgement was entered on 15th September 2004.
No appeal was filed against the said judgement. It has been thirteen (13) years since the judgement was entered.
4. I find that there has been inordinate delay in bringing the application dated 25/4/2017. The Respondent’s counsel submitted that execution has been completed.
I find that reinstating the application dated 25/4/2017 would serve no meaningful purpose.
I find no merit in this application and the same is dismissed.
I make no orders as to costs.
It is so ordered.
Dated, signed and delivered at Mombasa on the 19th day of October 2017.
L. KOMINGOI
JUDGE
19/10/2017