[2018] KEELC 3224 (KLR)
The court found that proper notice of the hearing date had been issued to the parties. On the scheduled date, neither the appellant nor the respondent appeared in court, nor did they provide any explanation for their absence. In the absence of any justification for non-attendance, and in accordance with the...
Source-derived case information.
- Citation
- [2018] KEELC 3224 (KLR)
- Parties
- Appellant: Justus Muruja Musa; Respondent: Festus M’Metha Njau
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 114 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Non Attendance
- Outcome
- appeal dismissed for non-attendance
- Legal Topics
- Dismissal for Non Attendance, Appeal Procedure, Notice of Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justus Muruja Musa
Appellant
Festus M’Metha Njau
Respondent
Procedural Posture
Civil Appeal / Ruling on Dismissal for Non Attendance
Legal Issues
- 1 Whether the appeal should be dismissed for non-attendance by the parties.
- 2 Whether proper notice of the hearing was issued to the parties.
Ratio Decidendi
The court found that proper notice of the hearing date had been issued to the parties. On the scheduled date, neither the appellant nor the respondent appeared in court, nor did they provide any explanation for their absence. In the absence of any justification for non-attendance, and in accordance with the applicable procedural rules, the court determined that the appeal should be dismissed for want of prosecution. The dismissal was ordered without an award of costs to either party.
Court Disposition
appeal dismissed for non-attendance
Orders
- The appeal is dismissed for non-attendance.
- No costs are awarded to any of the parties.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CIVIL APPEAL CASE NO. 114 OF 2017
JUSTUS MURUJA MUSA....................................................APPELLANT
VERSUS
FESTUS M’METHA NJAU...............................................RESPONDENT
RULING
1. Notice was properly issued to the parties that this appeal would be listed for dismissal before me on 24th May, 2018.
2. I find that the apposite notice had been properly issued.
3. On 24th May, 2018, the parties did not come to court.
4. As a result no explanation was proffered to court as to why the appeal should not be dismissed.
5. Consequently, I find that this appeal merits dismissal.
6. This appeal is dismissed in my chambers and a ruling has been delivered in open court.
7. No costs are awarded to any of the parties.
8. It is so ordered.
Delivered in open court at Chuka this 24th day of May, 2018 in the presence of:
CA: Ndegwa
Parties not in court
P. M. NJOROGE,
JUDGE.