[2022] KEELC 13675 (KLR)
The court found that the directions given on April 27, 2022, were self-executing, particularly clause 3, which required the plaintiff to take out and serve summons to enter appearance within 30 days, by May 27, 2022. The summons on record were dated July 3, 2022, and there was no evidence of service, even of the...
Source-derived case information.
- Citation
- [2022] KEELC 13675 (KLR)
- Parties
- Plaintiff: Samuel Mugi Kamau; Defendant: Janet Wamaitha Kamau; Defendant: Nahashon Kariithi Mwangi; Defendant: Thome Farmers Co. (NO.1) Ltd; Respondent: Family Bank Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E014 of 2020
- Procedural Posture
- Environment and Land Case / Ruling on Compliance With Court Directions and Striking Out of Suit
- Outcome
- suit struck out for non-compliance with court orders
- Judges
- LN Mbugua
- Legal Topics
- Service of Summons, Striking Out of Suit, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Mugi Kamau
Plaintiff
Janet Wamaitha Kamau
Defendant
Nahashon Kariithi Mwangi
Defendant
Thome Farmers Co. (NO.1) Ltd
Defendant
Family Bank Limited
Respondent
Procedural Posture
Environment and Land Case / Ruling on Compliance With Court Directions and Striking Out of Suit
Legal Issues
- 1 Whether the plaintiff complied with the court's directions to serve summons to enter appearance within the stipulated period.
- 2 Whether failure to serve summons within the prescribed time warranted striking out of the suit.
Ratio Decidendi
The court found that the directions given on April 27, 2022, were self-executing, particularly clause 3, which required the plaintiff to take out and serve summons to enter appearance within 30 days, by May 27, 2022. The summons on record were dated July 3, 2022, and there was no evidence of service, even of the late summons. As a result, the court held that clause 3 of the orders took effect on May 27, 2022, and the suit stood struck out for non-compliance. Costs were awarded to the defendants and the interested party, and the file was ordered closed.
Court Disposition
suit struck out for non-compliance with court orders
Orders
- The suit is struck out for failure to comply with the court's directions of April 27, 2022.
- Costs of the suit are awarded to the defendants and the interested party.
Full Case Text
Judgment text and source record
25 paragraphs
Kamau v Kamau & 2 others; Family Bank Limited (Interested Party/Respondent) (Environment & Land Case E014 of 2020) [2022] KEELC 13675 (KLR) (18 October 2022) (Ruling)
Neutral citation: [2022] KEELC 13675 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case E014 of 2020
LN Mbugua, J
October 18, 2022
Between
Samuel Mugi Kamau
Plaintiff
and
Janet Wamaitha Kamau
1st Defendant
Nahashon Kariithi Mwangi
2nd Defendant
Thome Farmers Co. (NO.1) Ltd
3rd Defendant
and
Family Bank Limited
Interested Party/Respondent
Ruling
1. I have perused the record. I find that the directions given on April 27, 2022 were self executing orders particularly in terms of clause (3) thereof. The plaintiff was to take out summons to enter appearance and serve them within 30 days that is by May 27, 2022.
2. A look at the summons to enter appearance in the court file indicate that they are dated July 3, 2022. There is no evidence of service of even the late summons.
3. I find that clause 3 of the orders April 27, 2022 took effect on May 27, 2022. In the circumstances, this suit stands as having been struck out. The costs of the suit are awarded to defendants and interested party. File is closed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 18TH DAY OF OCTOBER, 2022 THROUGH MICROSOFT TEAMS.LUCY N MBUGUAJUDGEIn the presence of:-M/s Mwangi for plaintiffWanga for 1st defendantKimondo for 2nd defendantCourt assistant: Eddel