[2023] KEELC 22265 (KLR)
The court found that both parties had been properly directed to attend court for directions on at least two occasions but failed to comply. The repeated non-attendance constituted defiance of court orders. In exercise of its discretion under the Civil Procedure Act and relevant rules, the court determined that the...
Source-derived case information.
- Citation
- [2023] KEELC 22265 (KLR)
- Parties
- Applicant: Mohamed Hassan Kitimange; Applicant: Kitimange Jibril; Respondent: Hassan Kitimange; Respondent: Land Registrar Marsabit
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 4 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Appeal Dismissal
- Outcome
- appeal dismissed for non-attendance and non-compliance with court orders
- Judges
- PM Njoroge
- Legal Topics
- Non Attendance of Parties, Dismissal for Non Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Hassan Kitimange
Applicant
Kitimange Jibril
Applicant
Hassan Kitimange
Respondent
Land Registrar Marsabit
Respondent
Procedural Posture
Environment and Land Case / Ruling on Appeal Dismissal
Legal Issues
- 1 Whether the appeal should be dismissed due to the parties' failure to attend court as directed.
Ratio Decidendi
The court found that both parties had been properly directed to attend court for directions on at least two occasions but failed to comply. The repeated non-attendance constituted defiance of court orders. In exercise of its discretion under the Civil Procedure Act and relevant rules, the court determined that the appropriate sanction for such non-compliance was dismissal of the appeal. The court emphasized the importance of obeying court orders and the need for parties to actively prosecute or defend their cases.
Court Disposition
appeal dismissed for non-attendance and non-compliance with court orders
Orders
- The appeal is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
Kitimange & another v Kitimange & another (Environment & Land Case 4 of 2023) [2023] KEELC 22265 (KLR) (11 December 2023) (Ruling)
Neutral citation: [2023] KEELC 22265 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case 4 of 2023
PM Njoroge, J
December 11, 2023
Between
Mohamed Hassan Kitimange
1st Applicant
Kitimange Jibril
2nd Applicant
and
Hassan Kitimange
1st Respondent
Land Registrar Marsabit
2nd Respondent
Ruling
1. At least twice the parties have been directed to come to court for directions. In both occasions the parties did not come to court.
2. As the parties have defied court orders which have been properly communicated to them, I am inclined to dismiss this appeal.
3. In the circumstances, this Appeal is dismissed.
4. I issue no order as to costs
DELIVERED IN OPEN COURT AT ISIOLO THIS 11TH DAY OF DECEMBER, 2023 IN THE PRESENCE OF:HON. P.M NJOROGEJUDGE