[2019] KEELC 2965 (KLR)
The court declined to dismiss the suit for non-attendance, exercising its discretion under Order 12(1) of the Civil Procedure Rules, on the basis that there was no certainty all parties were aware of the hearing date. The court instead granted another opportunity for the parties to be heard, scheduled the hearing of...
Source-derived case information.
- Citation
- [2019] KEELC 2965 (KLR)
- Parties
- Plaintiff: Maryann Mohamed Cheabril (Suing as the administrator of the estate of Asha Jabril Mohamed, deceased); Defendant: Michael Koome Mburugu; Defendant: Isiolo County Government; Defendant: Jediel Kirimi Rutere; Defendant: Chief Land Registrar; Defendant: The National Land Commission; Defendant: The Director of Survey; Defendant: The Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 06 of 2019
- Procedural Posture
- Land and Property Suit / Interlocutory Ruling on Hearing Date and Directions
- Outcome
- Suit not dismissed; hearing date and directions issued.
- Judges
- FM Njoroge
- Legal Topics
- Suit Dismissal, Order 12 Civil Procedure Rules, Hearing Notice, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maryann Mohamed Cheabril (Suing as the administrator of the estate of Asha Jabril Mohamed, deceased)
Plaintiff
Michael Koome Mburugu
Defendant
Isiolo County Government
Defendant
Jediel Kirimi Rutere
Defendant
Chief Land Registrar
Defendant
The National Land Commission
Defendant
The Director of Survey
Defendant
The Attorney General
Defendant
Procedural Posture
Land and Property Suit / Interlocutory Ruling on Hearing Date and Directions
Legal Issues
- 1 Whether the suit should be dismissed for non-attendance under Order 12(1) of the Civil Procedure Rules.
- 2 Whether all parties had notice of the hearing date.
Ratio Decidendi
The court declined to dismiss the suit for non-attendance, exercising its discretion under Order 12(1) of the Civil Procedure Rules, on the basis that there was no certainty all parties were aware of the hearing date. The court instead granted another opportunity for the parties to be heard, scheduled the hearing of the plaintiff's application interpartes, and directed that notice be issued to all parties. This approach ensures fairness and upholds the right to be heard, particularly where there is doubt as to whether due notice was served.
Court Disposition
Suit not dismissed; hearing date and directions issued.
Orders
- The application dated 27th June, 2018, filed by the plaintiff, will be heard interpartes on 15th July, 2019.
- Directions to be given on 15th July, 2019 and hearing of apposite issues to take place on the same day.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 06 OF 2019
MARYANN MOHAMED CHEABRIL
(Suing as the administrator of the estate
of Asha Jabril Mohamed (deceased)....................................PLAINTIFF
VERSUS
MICHAEL KOOME MBURUGU...........................1ST DEFENDANT
ISIOLO COUNTY GOVERNMENT......................2ND DEFENDANT
JEDIEL KIRIMI RUTERE......................................3RD DEFENDANT
CHIEF LAND REGISTRAR....................................4TH DEFENDANT
THE NATIONAL LAND COMMISSION..............5TH DEFENDANT
THE DIRECTOR OF SURVEY..............................6TH DEFENDANT
THE ATTORNEY GENERAL................................7TH DEFENDANT
RULING
1. On 18. 6.2019, this matter came up for hearing. The names of the plaintiff and the defendants were called on outside court. They were all absent.
2. In terms of the provisions of Order 12(1) of the Civil Procedure Rules, this court was inclined to dismiss this suit. Upon considering that there was no certainty that all the parties were aware of the hearing date, I will give them another chance to be heard.
3. This court directs as follows:
1. The application dated 27th June, 2018, filed by the plaintiff, will be heard interpartes on 15th July, 2019.
2. Directions to be given on 15th July, 2019 and hearing of apposite issues to take place on the same day.
3. Notice to issue to all parties.
4. Orders accordingly.
Delivered in open Court at Chuka this 18th day of June, 2019 in the presence of:
CA: Ndegwa
M/s Kithaka h/b Murango Mwenda for the 3rd defendant
All parties and their advocates absent
P.M. NJOROGE
JUDGE