[2015] KEHC 7487 (KLR)
The court found that the applicant failed to prosecute the application by not filing written submissions within the time granted. As a result, the court considered the application as a delay tactic and an abuse of the court process. The court exercised its discretion to dismiss the application with costs to be in...
Source-derived case information.
- Citation
- [2015] KEHC 7487 (KLR)
- Parties
- Plaintiff: Mark Muriuki Kirima; Defendant: Isabella Kathuni M’Mungania
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 95 of 2014
- Procedural Posture
- Originating Summons / Ruling on Application to Strike Out Suit
- Outcome
- application dismissed
- Judges
- FM Njoroge
- Legal Topics
- Striking Out of Pleadings, Abuse of Court Process, Prior Pending Suit, Mandatory Procedural Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mark Muriuki Kirima
Plaintiff
Isabella Kathuni M’Mungania
Defendant
Procedural Posture
Originating Summons / Ruling on Application to Strike Out Suit
Legal Issues
- 1 Whether the plaintiff's suit should be struck out for breaching Order 4 Rule 1(1)(f) of the Civil Procedure Rules.
- 2 Whether the existence of a prior suit between the same parties constitutes an abuse of court process.
Ratio Decidendi
The court found that the applicant failed to prosecute the application by not filing written submissions within the time granted. As a result, the court considered the application as a delay tactic and an abuse of the court process. The court exercised its discretion to dismiss the application with costs to be in the cause, emphasizing the importance of adhering to procedural timelines and the need to avoid unnecessary delays in the administration of justice.
Court Disposition
application dismissed
Orders
- The application dated 4th November 2014 is dismissed.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
LAND AND ENVIRONMENT DIVISION
ENVIRONMENT AND LAND COURT CASE NO. 95 OF 2014(OS)
MARK MURIUKI KIRIMA .............................................................PLAINTIFF
VERSUS
ISABELLA KATHUNI M’MUNGANIA .......................................DEFENDANT
RULING
This application is dated 4th November, 2014. It seeks Orders:
THAT the Plaintiff’s suit be struck out with costs for breaching the mandatory provisions of order 4 Rule 1 (1) (f).
THAT the costs of the application be provided for:
The application is supported by the affidavit of the defendant and has the following grounds:-
THAT this suit was filed on 19/06/2014
THAT before this suit was filed the defendant had already sued the Plaintiff herein in NKUBU PMCC NO. 68 of 2014, which was filed on 11/06/2014.
THAT the Plaintiff herein had entered appearance in the NKUBU suit on 18/06/2014.
THAT the Plaintiff herein has failed to adhere to the mandatory provisions of order 4 Rule 1(1) (f) and as such the present suit is an abuse of the Court process.
On 22/04/2015, the applicant was granted 14 days to put in his written submissions. He has not done so. As a result, the respondent has not filed her written submissions. This Court directed that the filing of submissions be confirmed on 08/06/2015.
Considering the circumstances of this matter, I feel that the applicant is merely delaying the hearing of the main suit. In the circumstances, I dismiss the application with costs to be in the cause.
It is so ordered.
Delivered in Open Court at Meru this 8th Day of June 2015 in the presence of:-
CC: Lilian
Kiogora for applicant
Baithambu holding brief Mwirigi for Defendant
P.M. NJOROGE
JUDGE