[2018] KEELC 2315 (KLR)
The court found that the applicant failed to provide compelling reasons for review of the judgment delivered in 2011. The application was filed three years after the applicant allegedly became aware of the case, and the overall delay from the commencement of the suit in 1992 to the application in 2017 was deemed...
Source-derived case information.
- Citation
- [2018] KEELC 2315 (KLR)
- Parties
- Plaintiff: Justus Mwirichia & 10 Others (suing on behalf of 46 others) Katheri Farmers Co. Ltd; Defendant: Katheri Farmers Company Ltd
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 105 of 1992
- Procedural Posture
- Review Application / Ruling on Application for Review of Judgment
- Outcome
- application dismissed with costs to respondent
- Legal Topics
- Review of Judgment, Inordinate Delay, Expeditious Justice, Shareholder Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justus Mwirichia & 10 Others (suing on behalf of 46 others) Katheri Farmers Co. Ltd
Plaintiff
Katheri Farmers Company Ltd
Defendant
Procedural Posture
Review Application / Ruling on Application for Review of Judgment
Legal Issues
- 1 Whether the applicant has provided sufficient grounds for review of the judgment delivered on 29.9.2011.
- 2 Whether the delay in filing and prosecuting the application for review is excusable.
Ratio Decidendi
The court found that the applicant failed to provide compelling reasons for review of the judgment delivered in 2011. The application was filed three years after the applicant allegedly became aware of the case, and the overall delay from the commencement of the suit in 1992 to the application in 2017 was deemed inordinate and inexcusable. The court emphasized its constitutional mandate to ensure expeditious administration of justice and held that reopening the matter after 26 years would be contrary to this mandate. Consequently, the application for review was dismissed for lack of merit and for inordinate delay.
Court Disposition
application dismissed with costs to respondent
Orders
- The application dated 20.9.2015 and filed on 13.9.2017 is dismissed.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC NO. 105 OF 1992
JUSTUS MWIRICHIA & 10 OTHERS (SUING ON BEHALF OF 46 OTHERS)
KATHERI FARMERS CO. LTD ...........................................................PLAINTIFF
VERSUS
KATHERI FARMERS COMPANY LTD ...........................................DEFENDANT
RULING
1. In the application dated 20. 9.2015 and filed on 13. 9.2017, applicant seeks orders of the review of the judgment herein. The applicant is one M’Ruteere M’Mwambia, who has sworn an affidavit filed in court on 13. 9.2017. What applicant avers is that the suit was heard in their absence. Apparently, applicant is representing other shareholders of the company.
2. The judgment that applicant seeks to have reviewed was delivered on 29. 9.2011. I have not seen any compelling reasons to order for a review. I have also taken into account the age of this case. This suit was commenced in 1992. 26 years down the line, Applicants want the matter to start all over again. The court has a constitutional mandate to ensure that justice is administered expeditiously.
3. Finally, I find that there is inordinate delay in both the period of filing the application and in prosecution of the same. Applicants claim that they learnt about the progress of the case in October 2015. Why was the application filed three years thereafter in September 2017. The delay is inexcusable and inordinate.
4. I find no merits in the application. The same is dismissed with costs to respondent.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 25TH DAY OF JULY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Ogoti for plaintiffs
HON. LUCY. N. MBUGUA
ELC JUDGE