[2020] KEELC 1783 (KLR)
The court found that the applicants failed to prosecute their notice of motion dated 07/01/2020 by neglecting to file and serve submissions as directed, despite being accorded the right to be heard under Article 50(1) of the Constitution. The court emphasized the need for expeditious disposal of cases under Article...
Source-derived case information.
- Citation
- [2020] KEELC 1783 (KLR)
- Parties
- Plaintiff: Lucy Ghati; Defendant: Alex Wambura John; Defendant: Charles Matinde Nyakoba
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 346 of 2017
- Procedural Posture
- Notice of Motion / Ruling on Interlocutory Application
- Outcome
- application dismissed with costs to respondent
- Judges
- GMA Ongondo
- Legal Topics
- Dismissal of Application, Costs Award, Right to Be Heard, Failure to Prosecute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Ghati
Plaintiff
Alex Wambura John
Defendant
Charles Matinde Nyakoba
Defendant
Procedural Posture
Notice of Motion / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the applicants' notice of motion dated 07/01/2020 should be allowed or dismissed.
- 2 Whether the applicants were accorded their right to be heard under Article 50(1) of the Constitution.
- 3 Whether costs should be awarded to the respondent.
Ratio Decidendi
The court found that the applicants failed to prosecute their notice of motion dated 07/01/2020 by neglecting to file and serve submissions as directed, despite being accorded the right to be heard under Article 50(1) of the Constitution. The court emphasized the need for expeditious disposal of cases under Article 159(2)(b) and held that the application lacked merit. Consequently, the notice of motion was dismissed with costs to the respondent pursuant to Section 27(1) of the Civil Procedure Act and relevant case law.
Court Disposition
application dismissed with costs to respondent
Orders
- The notice of motion dated 07/01/2020 is dismissed with costs to the respondent.
- Orders accordingly.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT MIGORI
ELC CASE NO. 346 OF 2017
LUCY GHATI.......................................................................PLAINTIFF/RESPONDENT
VERSUS
ALEX WAMBURA JOHN
CHARLES MATINDE NYAKOBA..........................................................DEFENDANTS
RULING
1. On 13th January 2020, the Applicants, ALEX WAMBURA JOHNandCHARLES MATINDE NYAKOBAthrough M/s. Odingo and Company advocates filed a notice of motion dated 07/1/2020 seeking orders (a) to (g) set out on it’s face. The motion is premised on the grounds set out on it’s body, the affidavit in support and annexed documents.
2. In a 23-paragraphed replying affidavit, the respondent through M/s. Abisai and company Advocates opposed the motion. I note annextures “LG1” thereto.
3. The respondents counsel filed and served submissions as ordered by the court on 25/2/2020. The applicants neglected to do so in spite of the directions granted by court. Submissions of the respondent hereby noted.
4. Clearly, I find that the applicants have failed to argue the application as ordered herein. The applicants were accorded their right under Article 50 (1) of the Constitution of Kenya, 2010.
5. I view of foregone and bearing in mind Article 159 (2) (b) of the Constitution (supra), the application has no merit. Thus I order that :-
i. The notice of motion dated 07/01/2020 be and is hereby dismissed with costs to the respondents by dint of the proviso to section 27 (1) Civil Procedure Act (Cap 21 Laws of Kenya), and the case of Rai and 3 others –vs- Rai and 4 others Petition No. 4 of 2012 (SCOK).
ii.Orders accordingly.
Delivered, Signed and Dated at Migori through email pursuant to,inter alia, Articles 7 (3) (b),159 (2) (b) and (d) of the Constitution of Kenya, 2010, Section 3A of Civil Procedure Act chapter 21 Laws of Kenya and Sections 3 and 19 of the Environment and Land Court Act, 2015 (2011) due to Corona Virus pandemic, challenge this 10th day of JUNE 2020.
G.M.A. ONGONDO
JUDGE