[2009] KEHC 763 (KLR)
The court held that since judgment had already been delivered dismissing the suit, there was no case pending for determination. Consequently, the plaintiff's application to refer the matter to the Land Disputes Tribunal was untenable. The court further noted that a previous application by the plaintiff had already...
Source-derived case information.
- Citation
- [2009] KEHC 763 (KLR)
- Parties
- Plaintiff: Joan Serema Sirimani; Defendant: Okero Ayienga; Defendant: Stephen Okero
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Case 352 of 1996
- Procedural Posture
- Civil Case / Ruling on Post Judgment Application
- Outcome
- application dismissed
- Judges
- AO Muchelule
- Legal Topics
- Dismissal for Want of Prosecution, Referral to Tribunal, Post Judgment Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joan Serema Sirimani
Plaintiff
Okero Ayienga
Defendant
Stephen Okero
Defendant
Procedural Posture
Civil Case / Ruling on Post Judgment Application
Legal Issues
- 1 Whether the plaintiff's application to refer the case to the Land Disputes Tribunal can be granted after judgment has been delivered.
- 2 Whether there is a pending case to be referred to the tribunal.
Ratio Decidendi
The court held that since judgment had already been delivered dismissing the suit, there was no case pending for determination. Consequently, the plaintiff's application to refer the matter to the Land Disputes Tribunal was untenable. The court further noted that a previous application by the plaintiff had already been dismissed for want of prosecution. As the present application was not opposed, the court made no order as to costs and dismissed the application.
Court Disposition
application dismissed
Orders
- The plaintiff's application to refer the case to the Land Disputes Tribunal at Ogembo is dismissed.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA OF KISII
Civil Case 352 of 1996
JOAN SEREMA SIRIMANI………………………………………PLAINTIFF
-VERSUS-
OKERO AYIENGA………………………………………1ST DEFENDANT
STEPHEN OKERO……………………………………..2ND DEFENDANT
RULING
The plaintiff’s application to have the case referred to the LandDisputes Tribunal at Ogembo for resolution cannot be granted. This is because there is no case pending for determination.
Judgment in the case was delivered on 28/3/2003 dismissing the suit with no order as to costs. This followed full hearing of the case.
On 7/4/2008 the Court dismissed for want of prosecution the plaintiff’s application brought under Order 45 rule 1 of the Civil Procedure Rules and section 3A of the Civil Procedure Act.
The present application is consequently dismissed. The same was not opposed and therefore there shall be no order for costs.
Dated, signed and delivered this 6th October, 2009.
A.O.MUCHELULE
JUDGE
6/10/2009
Before Hon. A.O.Muchelule-Judge
Court clerk-Mongare
Plaintiff-present
COURT:ruling in open court.
A.O. MUCHELULE
JUDGE
6/10/2009