[2017] KEELC 3526 (KLR)
The court found that both parties, despite being properly served with notice to attend the pre-trial conference, failed to appear. The absence of both parties at a mandatory pre-trial conference is sufficient ground for striking out the suit under the Civil Procedure Rules. The court exercised its discretion to...
Source-derived case information.
- Citation
- [2017] KEELC 3526 (KLR)
- Parties
- Plaintiff: John Kirigu Kithiira; Defendant: Robert Murungi Jeremiah
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 68 of 2015
- Procedural Posture
- Land and Environment Case / Pre Trial Conference
- Outcome
- suit struck out
- Legal Topics
- Case Struck Out, Pre Trial Conference, Non Attendance, Suit Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kirigu Kithiira
Plaintiff
Robert Murungi Jeremiah
Defendant
Procedural Posture
Land and Environment Case / Pre Trial Conference
Legal Issues
- 1 Whether the suit should be struck out due to non-attendance of both parties at the pre-trial conference.
Ratio Decidendi
The court found that both parties, despite being properly served with notice to attend the pre-trial conference, failed to appear. The absence of both parties at a mandatory pre-trial conference is sufficient ground for striking out the suit under the Civil Procedure Rules. The court exercised its discretion to ensure the efficient administration of justice and avoid unnecessary delays, holding that non-attendance without explanation warrants dismissal of the suit.
Court Disposition
suit struck out
Orders
- This suit is struck out.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT CHUKA
CHUKA ELC CASE NO 68 OF 2017
FORMERLY MERU ELC CASE NO. 90 OF 2015
JOHN KIRIGU KITHIIRA…………………………………………..PLAINTIFF
VERSUS
ROBERT MURUNGI JEREMIAH…………………………………DEFENDANT
RULING
1. In this matter Notice was issued by the Deputy Registrar for the parties to come to court for pre-trial conference and other directions on 28. 2.2017.
2. On 28. 2.2017, despite service having been properly given the parties failed to come to court.
3. The parties having failed to come to court for pre-trial conferencing, I find it necessary to make an appropriate order that this suit be struck out.
4. Accordingly, this suit is struck out.
5. It is so ordered.
Delivered in open court at Chuka this 28th day of February, 2017 in the presence of
CA: Ndegwa
Parties not present
P.M. NJOROGE,
JUDGE