[2019] KEELC 1423 (KLR)
The court found that the plaintiffs had not provided documentary evidence to support their claim that the file was untraceable in the registry, as no letter seeking the file was produced. However, in the interest of justice, the court exercised its discretion to give the plaintiffs a final opportunity to fix the...
Source-derived case information.
- Citation
- [2019] KEELC 1423 (KLR)
- Parties
- Plaintiff: Jason Njuru Mwangi; Plaintiff: Jane Wanjiku Njuguna; Defendant: Nyambura Mwangi; Defendant: Kariuki Mwangi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Muranga
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 295 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Notice to Show Cause Under Order 17 Rule 2, Civil Procedure Rules
- Outcome
- Conditional extension granted; suit to be fixed for hearing within 30 days or stand dismissed.
- Judges
- BC Koech
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Case Management, Registry Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jason Njuru Mwangi
Plaintiff
Jane Wanjiku Njuguna
Plaintiff
Nyambura Mwangi
Defendant
Kariuki Mwangi
Defendant
Procedural Posture
Land and Property Suit / Ruling on Notice to Show Cause Under Order 17 Rule 2, Civil Procedure Rules
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2 of the Civil Procedure Rules.
- 2 Whether the plaintiffs have provided sufficient cause for the delay in prosecuting the suit.
Ratio Decidendi
The court found that the plaintiffs had not provided documentary evidence to support their claim that the file was untraceable in the registry, as no letter seeking the file was produced. However, in the interest of justice, the court exercised its discretion to give the plaintiffs a final opportunity to fix the matter for hearing within 30 days from the date of the ruling. Failure to do so would result in the suit being dismissed automatically. The court balanced the need for expeditious disposal of cases with the plaintiffs' right to be heard, but made it clear that further delay would not be tolerated.
Court Disposition
Conditional extension granted; suit to be fixed for hearing within 30 days or stand dismissed.
Orders
- Plaintiffs to fix the matter for hearing within 30 days from the date of the ruling.
- In default, the suit shall stand dismissed.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT & LAND COURT AT MURANG’A
ELC NO. 295 OF 2017
JASON NJURU MWANGI....................................................1ST PLAINTIFF
JANE WANJIKU NJUGUNA...............................................2ND PLAINTIFF
VERSUS
NYAMBURA MWANGI ...................................................1ST DEFENDANT
KARIUKI MWANGI........................................................2ND DEFENDANT
RULING/DIRECTIONS
1. The Plaintiff filed this suit on the 12/5/15 and from the Court records it is clear that this matter has not been prosecuted save for an application that this Court rendered a ruling on the 2/7/18.
2. The matter stayed in limbo until the Court on 2/7/19 issued Notice to Show Cause under Order 17 Rule 2 of the Civil Procedure Rules.
3. The Plaintiffs through the Replying Affidavit sworn by the 1st Plaintiff on the 15/7/19 deponed that after the delivery of the ruling the file was not traceable in the registry and took time for it to be located. That apparently the file was in the typing pool for the typing of some proceedings. I have noted that there is no letter to the Registry seeking for the file and the averment remains an allegation.
4. That notwithstanding, this Court, in the interest of justice, directs the Plaintiffs to fix the matter for hearing in the next 30 days from the date hereof in default the suit shall stand dismissed.
5. It is so ordered.
DELIVERED, DATED AND SIGNED AT MURANG’A THIS 9TH DAY OF OCTOBER 2019
J.G. KEMEI
JUDGE
Delivered in open Court in the presence of;
Ndegwa for the 1st and 2nd Plaintiff
1st and 2nd Defendant – Absent
Irene and Njeri, Court Assistants
Delivered in open Court in the presence of;
Ndegwa for the 1st and 2nd Plaintiff
1st and 2nd Defendant – Absent
Irene and Njeri, Court Assistants