[2016] KEHC 6746 (KLR)
The court found that there were no pending applications before it, except for a preliminary objection, and thus the applicant's request to dismiss all applications for want of prosecution was unfounded. The court emphasized the necessity of having all issues in the suit heard and determined on their merits, rather...
Source-derived case information.
- Citation
- [2016] KEHC 6746 (KLR)
- Parties
- Plaintiff: Joseph Muthuri Ikunyua; Defendant: James Mwiteri Kinyua & 3 others
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- ? 135 of 2009
- Procedural Posture
- Civil Suit / Ruling on Application to Dismiss Pending Applications
- Outcome
- application dismissed
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Abuse of Court Process, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Muthuri Ikunyua
Plaintiff
James Mwiteri Kinyua & 3 others
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Dismiss Pending Applications
Legal Issues
- 1 Whether all applications filed by the respondents/defendants should be dismissed for want of prosecution and alleged abuse of court process.
- 2 Whether the respondents/defendants are abusing the court process to delay the suit and deprive the applicant/plaintiff of land parcel NTIMA/IGOKI/5219.
Ratio Decidendi
The court found that there were no pending applications before it, except for a preliminary objection, and thus the applicant's request to dismiss all applications for want of prosecution was unfounded. The court emphasized the necessity of having all issues in the suit heard and determined on their merits, rather than disposing of matters piecemeal or on technicalities. Consequently, the application was dismissed as it did not meet the threshold for dismissal for want of prosecution or for abuse of court process.
Court Disposition
application dismissed
Orders
- The application dated 1st February, 2016 is dismissed.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO 135 OF 2009 (OS)
JOSEPH MUTHURI IKUNYUA..........................PLAINTIFF
VERSUS
JAMES MWITERI KINYUA & 3 OTHERS........DEFENDANT
R U L I N G
This Application is dated 1st February, 2016. It seek orders that:-
This Honourable Court be pleased to grant an order to dismiss all applications filed herein by Respondent/Defendant and others for want of delay and want of fraud (sic) of land parcel NO. NTIMA/IGOKI/5219.
Costs on the cause
It has the following grounds:-
The Respondent/Defendants are being taken by tradition believe (sic) can defeat the cause of justice by delaying tactics of filing applications.
The Respondent/Defendant and others are acting against the wishes of the deceased M'Ikunyua who was the registered owner of land parcel No. NTIMA/IGOKI/5219.
The Respondent /Defendant and other are conspiring deprive (sic) the Applicant/Plaintiff Land parcel No. NTIMA/IGOKI/5219 by abuse of Court process.
Which application is supported by sworn affidavit of Joseph Muthuri Ikunyua of P.O Box 2211 Meru with the nature of the case (sic).
The Application was heard interpartes on 16/02/2016. The applicant wanted all applications in this suit dismissed for want of prosecution. However in his Certificate in support of the urgency he said that the Respondents wanted to evict him.
Mr. Muriithi for the Respondents told the Court that the application amounted to abuse of the Court process as except for his Preliminary Objection there were no pending applications. He prayed for dismissal of the application.
I have considered the averments and the Submissions. I find it necessary to have all issues in this suit heard and determined. I, therefore, dismiss the application.
Costs to be in the cause.
Delivered in Open Court at Meru this 17th day of February, 2016 in the presence of:-
CC: Daniel/ Lilian
Joseph Muthuri for Plaintiff
Muriithi for Defendants
P. M. NJOROGE
JUDGE