[2018] KEELC 3060 (KLR)
The application for review and reinstatement was dismissed because neither the applicant nor their advocate attended court to prosecute the application on the scheduled date. The court found no basis to grant the orders sought in the absence of prosecution, and thus dismissed the application without awarding costs....
Source-derived case information.
- Citation
- [2018] KEELC 3060 (KLR)
- Parties
- Plaintiff: Jeremy Mati & Another; Defendant: The Registered Trustees Catholic Diocese of Meru & 3 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 120 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Review and Reinstatement
- Outcome
- application dismissed
- Legal Topics
- Review of Court Orders, Reinstatement of Suit, Dismissal for Nonattendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremy Mati & Another
Plaintiff
The Registered Trustees Catholic Diocese of Meru & 3 Others
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Review and Reinstatement
Legal Issues
- 1 Whether the court should review and set aside its order dismissing the main suit.
- 2 Whether the plaintiff's suit should be reinstated for hearing on merit.
- 3 Whether the absence of the applicant or advocate on the hearing date justifies dismissal of the application.
Ratio Decidendi
The application for review and reinstatement was dismissed because neither the applicant nor their advocate attended court to prosecute the application on the scheduled date. The court found no basis to grant the orders sought in the absence of prosecution, and thus dismissed the application without awarding costs. The court did not address the substantive merits of the grounds for review, as the threshold requirement of attendance and prosecution was not met.
Court Disposition
application dismissed
Orders
- The application dated 7th June, 2018 is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 120 OF 2017
FORMERLY MERU ELC CASE NO. 152 OF 2010
JEREMY MATI & ANO........................................................PLAINTIFFS
VERSUS
THE REGISTERED TRUSTEES CATHOLIC
DIOCESE OF MERU & 3 OTHERS................................DEFENDANTS
RULING
1. This application is dated 7th June, 2018 and seeks orders:
a) This honourable court be pleased to certify this application as urgent and order that this application be heard expeditiously.
b) That this honourable court be pleased to review its order made on 24th April, 2018 and set the orders aside.
c) That this honourable court be pleased to reinstate the plaintiff’s suit for hearing on merit.
d) That costs of this application be in the cause.
2. The application has the following grounds:
a) The application for amendment dated 19th April, is what the court was to determine and not the main suit.
b) The parties did not submit on the main suit.
c) The court errered by dismissing the main suit.
d) The suit is a representative suit with over 168 plaintiffs alive and kicking.
e) There is sufficient cause to warrant review.
f) Plaintiff/applicants right to a fair hearing has been infringed.
3. On 12th June, 2018, the applicant and/or his advocate were not in court to prosecute the application on ex-parte basis.
4. In the circumstances, this application is dismissed.
5. No costs are awarded.
6. It is so ordered.
Delivered in open Court at Chuka this 12th day of June, 2018 in the presence of:
CA: Ndegwa
Applicant and his advocate absent
P. M. NJOROGE,
JUDGE.