[2017] KEELC 2638 (KLR)
The court found that the plaintiff failed to provide a satisfactory explanation for the prolonged delay in prosecuting the suit. The only reason advanced was the illness and subsequent death of the plaintiff's wife, but the plaintiff did not specify when the illness began or how it prevented him from prosecuting the...
Source-derived case information.
- Citation
- [2017] KEELC 2638 (KLR)
- Parties
- Plaintiff: James Macharia Mwangi; Defendant: Sabina Muthoni Mwangi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 692 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Reinstatement of Suit
- Outcome
- application dismissed
- Legal Topics
- Dismissal for Want of Prosecution, Reinstatement of Suit, Judicial Discretion, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Macharia Mwangi
Plaintiff
Sabina Muthoni Mwangi
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Reinstatement of Suit
Legal Issues
- 1 Whether the plaintiff has provided sufficient reason for the delay in prosecuting the suit to warrant reinstatement.
- 2 Whether the court should exercise its discretion to reinstate a suit dismissed for want of prosecution after a prolonged period of inactivity.
Ratio Decidendi
The court found that the plaintiff failed to provide a satisfactory explanation for the prolonged delay in prosecuting the suit. The only reason advanced was the illness and subsequent death of the plaintiff's wife, but the plaintiff did not specify when the illness began or how it prevented him from prosecuting the suit for over 15 years, especially considering he was represented by an advocate. Furthermore, the plaintiff did not explain his inaction for the nine years following his wife's death before the suit was dismissed. The court held that reinstating a suit nine years after dismissal, following such an extended period of inactivity, would not be a judicious exercise of discretion....
Court Disposition
application dismissed
Orders
- The Plaintiff's Notice of Motion dated 15th April 2015 is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC SUIT NO. 692 OF 2015(FORMERLY HCCC NO. 3041 OF 1989)
JAMES MACHARIA MWANGI................................PLAINTIFF
VERSUS
SABINA MUTHONI MWANGI..............................DEFENDANT
RULING
This suit was dismissed by Mutungi J. on 7th November 2006 after it had remained dormant for a period of over 15 years. The Plaintiff has now come to court 9 years after the dismissal of the suit seeking the reinstatement of the same. I have considered the Plaintiff’s application dated 15th April 2015 together with the affidavit filed in support thereof. The only reason given by the Plaintiff for the delay in the prosecution of the suit is that he was attending to a sick wife who later on passed away on 18th December 1997. I sympathize with the Plaintiff for losing a wife after a long illness. I am not satisfied however that the reason he has put forward is sufficient to warrant the reinstatement of this suit which was dismissed after it had remained dormant in court for several years. The Plaintiff has not stated when his wife fell sick and how the sickness prevented him for a period of over 15 years from proceeding with his suit in which he was represented by an advocate. The Plaintiff has also not given any explanation for his inaction after the death of his wife on 18th December 1997. The suit was dismissed 9 years after the death of his wife.
The upshot of the foregoing is that no good reason has been given to warrant the granting of the orders sought by the Plaintiff. I am of the view that it would not amount to a judicious exercise of discretion if I was to reinstate a suit 9 years after its dismissal after it had remained unprosecuted for over 15 years. The Plaintiffs Notice of Motion dated 15thApril 2015 fails and is dismissed with no order as to costs.
Delivered and Signed at Nairobi this 27th day of June, 2017
S. OKONG’O
JUDGE
Ruling read in open court in the presence of:
Present in person for the Plaintiff
N/A for the Defendant
Kajuju Court Assistant