[2018] KEELC 4630 (KLR)
The court found that neither the plaintiff nor the defendants were present when the matter was called for hearing. In accordance with Order 12 Rule 1 of the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for non-attendance by the parties. No costs were awarded due to the absence of...
Source-derived case information.
- Citation
- [2018] KEELC 4630 (KLR)
- Parties
- Plaintiff: Makembo Kaya; Defendant: Silas Nyaga; Defendant: Joseph Mugambi Kamuyu; Defendant: Elijah Muthengi Kamuyu; Defendant: Grace Githinji Kamuyu; Defendant: Ruth Mwende; Defendant: Jacob Mutethia Gakiroru; Defendant: John Kamunyu Gakiroru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Land Case 13 of 2017
- Procedural Posture
- Land Case / Ruling on Dismissal for Non Attendance
- Outcome
- suit dismissed for non-attendance
- Legal Topics
- Dismissal for Non Attendance, Order 12 Rule 1, Absence of Parties, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Makembo Kaya
Plaintiff
Silas Nyaga
Defendant
Joseph Mugambi Kamuyu
Defendant
Elijah Muthengi Kamuyu
Defendant
Grace Githinji Kamuyu
Defendant
Ruth Mwende
Defendant
Jacob Mutethia Gakiroru
Defendant
John Kamunyu Gakiroru
Defendant
Procedural Posture
Land Case / Ruling on Dismissal for Non Attendance
Legal Issues
- 1 Whether the suit should be dismissed due to the absence of both parties at the hearing date.
Ratio Decidendi
The court found that neither the plaintiff nor the defendants were present when the matter was called for hearing. In accordance with Order 12 Rule 1 of the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for non-attendance by the parties. No costs were awarded due to the absence of both parties.
Court Disposition
suit dismissed for non-attendance
Orders
- The suit is dismissed for non-attendance of the parties.
- No order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA LAND CASE NO 13 OF 2017
FORMERLY MERU ELC CASE NO.04 OF 2016
MAKEMBO KAYA...................................................................PLAINTIFF
VERSUS
SILAS NYAGA...............................................................1ST DEFENDANT
JOSEPH MUGAMBI KAMUYU................................2ND DEFENDANT
ELIJAH MUTHENGI KAMUYU...............................3RD DEFENDANT
GRACE GITHINJI KAMUYU...................................4TH DEFENDANT
RUTH MWENDE.........................................................5TH DEFENDANT
JACOB MUTETHIA GAKIRORU............................6TH DEFENDANT
JOHN KAMUNYU GAKIRORU...............................7TH DEFENDANT
RULING
1. This suit was to be heard on 6. 2.2018. When the suit was called on, the parties were not in court. In accordance with the requirement of Order 12 Rule 1 of the Civil Procedure Rules, the suit was called on outside court. It was confirmed that the parties were absent.
2. In the circumstances, this suit is dismissed.
3. No costs are awarded.
4. It is so ordered.
Delivered in open court at Chuka this 6th day of February, 2018 in the presence of:
CA: Ndegwa
Parties absent
P. M. NJOROGE,
JUDGE.