[2024] KEELC 4443 (KLR)
The court found that the 2nd defendant failed to comply with its order to serve the application and file an affidavit of service within the stipulated time. As a result, in accordance with the court's prior directive, the notice of motion dated 26/2/2024 stood dismissed for want of prosecution due to non-compliance...
Source-derived case information.
- Citation
- [2024] KEELC 4443 (KLR)
- Parties
- Plaintiff: Kenzo Hugues Ndaya Lusambo alias Iddi Ndaya Lusambo (Suing on own behalf and on behalf of the Estate of Kamila Mpemba Alias Jeanette Von Rohr); Defendant: Mpemba Omar Mpemba; Defendant: Nassir Omar Mohammed
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E25 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Notice of Motion to Strike Out Suit
- Outcome
- Application dismissed for want of compliance with court orders.
- Judges
- FM Njoroge
- Legal Topics
- Striking Out Suit, Non Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenzo Hugues Ndaya Lusambo alias Iddi Ndaya Lusambo (Suing on own behalf and on behalf of the Estate of Kamila Mpemba Alias Jeanette Von Rohr)
Plaintiff
Mpemba Omar Mpemba
Defendant
Nassir Omar Mohammed
Defendant
Procedural Posture
Environment and Land Case / Ruling on Notice of Motion to Strike Out Suit
Legal Issues
- 1 Whether the notice of motion to strike out the suit should be allowed in light of non-compliance with court orders.
Ratio Decidendi
The court found that the 2nd defendant failed to comply with its order to serve the application and file an affidavit of service within the stipulated time. As a result, in accordance with the court's prior directive, the notice of motion dated 26/2/2024 stood dismissed for want of prosecution due to non-compliance with court orders. The court emphasized the necessity for parties to adhere strictly to procedural requirements and timelines set by the court, failing which their applications are liable to be dismissed without further consideration of the merits.
Court Disposition
Application dismissed for want of compliance with court orders.
Orders
- The notice of motion dated 26/2/2024 is dismissed for want of compliance with court orders.
Full Case Text
Judgment text and source record
18 paragraphs
Lusambo alias Iddi Ndaya Lusambo (Suing on own behalf and on behalf of the Estate of Kamila Mpemba alias Jeanette Von Rohr) v Mpemba & another (Environment & Land Case E25 of 2023) [2024] KEELC 4443 (KLR) (4 June 2024) (Ruling)
Neutral citation: [2024] KEELC 4443 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment & Land Case E25 of 2023
FM Njoroge, J
June 4, 2024
Between
Kenzo Hugues Ndaya Lusambo alias Iddi Ndaya Lusambo (Suing on own behalf and on behalf of the Estate of Kamila Mpemba Alias Jeanette Von Rohr)
Plaintiff
and
Mpemba Omar Mpemba
1st Defendant
Nassir Omar Mohammed
2nd Defendant
Ruling
1. The notice of motion application for determination in the present ruling is dated 26/2/2024 and it was filed by the 2nd defendant on 28/2/2024. It seeks orders that the suit herein be struck out with costs for on the grounds stated on its face which I will not reiterate here for reasons that are apparently in the rest of this ruling. The application came up before this court on 20/3/2024 when the court ordered that the same be served within 7 days and that an affidavit of service be filed in default of which the motion would stand dismissed for want of prosecution. I have perused the file record as well as the CTS and found that the orders were not complied with and the application dated 26/2/2024 is hereby dismissed for want of compliance with court orders.
DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 4TH DAY OF JUNE 2024. MWANGI NJOROGEJUDGE, ELC, MALINDI