[2019] KEELC 3263 (KLR)
The court found that the plaintiff had failed to take any steps to prosecute the suit or their own application since 2011 and did not respond to the defendant's application for dismissal. The absence of any action or response from the plaintiff demonstrated a lack of interest in the matter. Consequently, the court...
Source-derived case information.
- Citation
- [2019] KEELC 3263 (KLR)
- Parties
- Plaintiff: Mary Chepchumba Rotich; Defendant: Esther Chebet Malel
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 773 of 2012
- Procedural Posture
- Land and Property Suit / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- suit and application dismissed for want of prosecution with costs to the defendant
- Judges
- MAO Odeny
- Legal Topics
- Want of Prosecution, Dismissal of Suit, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Chepchumba Rotich
Plaintiff
Esther Chebet Malel
Defendant
Procedural Posture
Land and Property Suit / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the plaintiff's suit should be dismissed for want of prosecution.
- 2 Whether the plaintiff has demonstrated interest in prosecuting the suit.
Ratio Decidendi
The court found that the plaintiff had failed to take any steps to prosecute the suit or their own application since 2011 and did not respond to the defendant's application for dismissal. The absence of any action or response from the plaintiff demonstrated a lack of interest in the matter. Consequently, the court held that the suit and the application should be dismissed for want of prosecution, with costs awarded to the defendant.
Court Disposition
suit and application dismissed for want of prosecution with costs to the defendant
Orders
- The application dated 27th October 2011 is dismissed for want of prosecution.
- The plaint is dismissed for want of prosecution with costs to the defendant.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT ELDORET
ELC NO. 773 OF 2012
MARY CHEPCHUMBA ROTICH..........PLAINTIFF
VERSUS
ESTHER CHEBET MALEL...............DEFENDANT
RULING
This ruling is in respect of an application dated 27th October 2011 by the plaintiff/applicant and another dated 6th April 2018 seeking for the dismissal of the plaintiff’s suit for want of prosecution. Counsel agreed to canvass the applications by way of written submission but only the defendant complied. The plaintiff failed to file the submissions in respect of their application and response to the application for dismissal of the suit.
Analysis and Determination
This is an old matter with an application dated 27th October 2011 which has been overtaken by events. Why has the plaintiff not pursued the application together with the suit since 2011? It seems the plaintiff has lost interest in the case.
The defendant made an application for dismissal for the application and the suit for want of prosecution whereby they filed submissions to canvass the same but the plaintiff did not respond. This leaves the application unopposed.
I find that the plaintiff has lost interest in this case and therefore dismiss the application dated 27th October 2011 together with the plaint for want of prosecution with costs to the defendant.
Dated and delivered at Eldoret this 14 day of May, 2019
M.A ODENY
JUDGE
RULINGread in open court in the presence of Miss.Kibichy holding brief for Mr.Chepkonga for Plaintiff and in the absence of Mr.Aseso for the Defendant.
Mr.Mwelem – Court Assistant