[2014] KEHC 241 (KLR)
The court found that the plaintiff had shown sufficient cause as to why the suit should not be dismissed for want of prosecution, primarily due to the explanation regarding missing documents and the plaintiff's demonstrated intent to proceed. The court, therefore, declined to dismiss the suit and instead directed...
Source-derived case information.
- Citation
- [2014] KEHC 241 (KLR)
- Parties
- Plaintiff: Japhtet M' Ikiara M'Mbichu; Defendant: Stephen Kiambi M'Amakia; Defendant: Benjamin Gituma M'Amakia; Defendant: Director of Land Adjudication and Settlement; Defendant: Director of Survey; Defendant: Chief Land Registrar; Defendant: Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 10 of 2004
- Procedural Posture
- Civil Suit / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- Suit not dismissed; parties directed to comply with pre-trial procedures.
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Order 11 Civil Procedure Rules, Case Management, Land Adjudication
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japhtet M' Ikiara M'Mbichu
Plaintiff
Stephen Kiambi M'Amakia
Defendant
Benjamin Gituma M'Amakia
Defendant
Director of Land Adjudication and Settlement
Defendant
Director of Survey
Defendant
Chief Land Registrar
Defendant
Attorney General
Defendant
Procedural Posture
Civil Suit / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the plaintiff has shown sufficient cause to prevent dismissal of the suit for want of prosecution.
Ratio Decidendi
The court found that the plaintiff had shown sufficient cause as to why the suit should not be dismissed for want of prosecution, primarily due to the explanation regarding missing documents and the plaintiff's demonstrated intent to proceed. The court, therefore, declined to dismiss the suit and instead directed the parties to comply with Order 11 of the Civil Procedure Rules within 60 days, after which they should obtain a date for directions from the registry.
Court Disposition
Suit not dismissed; parties directed to comply with pre-trial procedures.
Orders
- Parties to comply with Order 11 Civil Procedure Rules within 60 days.
- After compliance, parties to obtain a date for directions from the registry in the next term.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCC NO. 10 OF 2004
JAPHTET M' IKIARA M'MBICHU...................................................................PLAINTIFF
VERSUS
STEPHEN KIAMBI M'AMAKIA............................................................1ST DEFENDANT
BENJAMIN GITUMA M'AMAKIA........................................................2ND DEFENDANT
DIRECTOR OF LAND ADJUDICATION AND SETLEMENT.….........3RD DEFENDANT
DIRECTOR OF SURVEY......................................................................4TH DEFENDANT
CHIEF LAND REGISTRAR..................................................................5TH DEFENDANT
ATTORENY GENERAL.......................................................................6TH DEFENDANT
R U L I N G
This matter came up for the parties to show cause why the suit should not be dismissed for want of prosecution. The plaintiff told the court that some documents were missing from the court file although he had the receipts acknowledging that he had paid filing fees. He fervently told the court that his client was desirous of expeditiously prosecuting his case.
The defendants did not oppose dismissal. In the circumstances, although reluctantly, I find that cause has been shown as to why the suit should not be dismissed for lack of prosecution.
I direct as follows:
Parties do comply with Order 11 CPR within 60 days.
After achievement of compliance, parties to obtain a date for directions from the registry in the next term.
Delivered in Open Court at Meru this 22nd day of October, 2014 in the presence of:
Cc Daniel/Lilian
Muthamia h/b Kiogora for 1st and 2nd defendants
Menge for 3th, 4th, 5th and 6th defendants.
P. M. NJOROGE
JUDGE