[2018] KEELC 4568 (KLR)
The court held that since the suit was dismissed on 23.06.17 and there was no application for its reinstatement, there was no suit to be prosecuted. Consequently, any orders made in the suit, including inhibition orders, ceased to have effect upon dismissal. The application dated 18.08.17, seeking to bring any...
Source-derived case information.
- Citation
- [2018] KEELC 4568 (KLR)
- Parties
- Plaintiff: Julius Murithi Kimathi; Defendant: Zipporah Kithara Mukiri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 126 of 2010
- Procedural Posture
- Civil Case / Ruling on Post Dismissal Application
- Outcome
- application allowed
- Legal Topics
- Suit Dismissal, Inhibition Orders, Reinstatement of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Julius Murithi Kimathi
Plaintiff
Zipporah Kithara Mukiri
Defendant
Procedural Posture
Civil Case / Ruling on Post Dismissal Application
Legal Issues
- 1 Whether the application dated 18.08.17 can be entertained after the suit was dismissed.
- 2 Whether any subsisting orders, including inhibition orders, survive the dismissal of the suit.
Ratio Decidendi
The court held that since the suit was dismissed on 23.06.17 and there was no application for its reinstatement, there was no suit to be prosecuted. Consequently, any orders made in the suit, including inhibition orders, ceased to have effect upon dismissal. The application dated 18.08.17, seeking to bring any subsisting orders to an end, was therefore allowed. The court declined to allow the plaintiff/respondent an opportunity to respond to the application, as there was no longer a suit before the court.
Court Disposition
application allowed
Orders
- The application dated 18.08.17 is allowed.
- No orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
CIVIL CASE NO 126 OF 2010
JULIUS MURITHI KIMATHI ……..….PLAINTIFF
VERSUS
ZIPPORAH KITHARA MUKIRI…....DEFENDANT
R U L I N G
1. I have perused the record and I find this suit was dismissed on 23. 06. 17. It was not reinstated and there is no application to have it reinstated. In the circumstances, there is no suit to be prosecuted.
2. The application of 18:08:17 does not hence require to be defended or responded to because the inhibition orders were only to last upto the point the suit was determined.
3. The orders of 23. 06. 17 brought the suit to an end. It is trite law that when a suit is dismissed, any subsisting orders made in the suit collapse and come to an end. The present application has been brought forth to ensure that any subsisting order are brought to an end.
4. In the circumstances, I decline to give the Plaintiff/Respondent on opportunity to respond to the application of 18. 08. 17.
5. I hereby allow the application of 18:08:17 with no orders as to costs.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 6th FEBRUARY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
E.Kimathi H/B for Kioga for Defendant present
Mammu Miss H/B for Kaimenyi for Plaintiff Present
HON. L .N. MBUGUA
ELC JUDGE