[2018] KEELC 3226 (KLR)
The court found that proper notice of the hearing date for possible dismissal had been issued to the parties. On the scheduled date, neither party appeared in court nor provided any explanation for their absence. In the absence of attendance or explanation, the court exercised its discretion to dismiss the appeal...
Source-derived case information.
- Citation
- [2018] KEELC 3226 (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
- Environment & Land Case 115 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Non Attendance
- Outcome
- appeal dismissed for non-attendance
- Legal Topics
- Appeal Dismissal, Non Attendance, Notice of Hearing
- 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
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 after proper notice was issued.
Ratio Decidendi
The court found that proper notice of the hearing date for possible dismissal had been issued to the parties. On the scheduled date, neither party appeared in court nor provided any explanation for their absence. In the absence of attendance or explanation, the court exercised its discretion to dismiss the appeal for want of prosecution, as permitted by the Civil Procedure Rules.
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. 115 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.