[2020] KEELC 1547 (KLR)
The court found that the Plaintiff had failed to take any action in the suit since 31/7/2015, a period of over 46 months, except for the filing of notices of appointment of advocates. The court held that this constituted inordinate and inexcusable delay, and that the Plaintiff had lost interest in prosecuting the...
Source-derived case information.
- Citation
- [2020] KEELC 1547 (KLR)
- Parties
- Plaintiff: Mbugua Kariuki; Defendant: Agnes Wakariti Magondu; Defendant: Commissioner of Lands; Defendant: Chief Land Registrar; Defendant: Kamiti Farmers Company Limited; Defendant: Simon Njuguna Njoroge; Defendant: Margaret Njoki Njuguna; Defendant: Ibrahim Kamau Njenga; Defendant: Patricia Wanjiku Kihura; Defendant: Wanjiku Kiarie; Defendant: Peter Munene Ndegwa
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 998 of 2014
- Procedural Posture
- Land Suit / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Legal Topics
- Dismissal for Want of Prosecution, Injunctions, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mbugua Kariuki
Plaintiff
Agnes Wakariti Magondu
Defendant
Commissioner of Lands
Defendant
Chief Land Registrar
Defendant
Kamiti Farmers Company Limited
Defendant
Simon Njuguna Njoroge
Defendant
Margaret Njoki Njuguna
Defendant
Ibrahim Kamau Njenga
Defendant
Patricia Wanjiku Kihura
Defendant
Wanjiku Kiarie
Defendant
Peter Munene Ndegwa
Defendant
Procedural Posture
Land Suit / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to inordinate delay by the Plaintiff.
- 2 Whether the orders of injunction previously granted should be vacated.
Ratio Decidendi
The court found that the Plaintiff had failed to take any action in the suit since 31/7/2015, a period of over 46 months, except for the filing of notices of appointment of advocates. The court held that this constituted inordinate and inexcusable delay, and that the Plaintiff had lost interest in prosecuting the matter. The court exercised its discretion to dismiss the suit for want of prosecution and awarded costs to the 1st Defendant. The court also noted that the continued existence of the injunction order was not justified in the circumstances.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
- The 1st Defendant is awarded the costs of the suit and of the application.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC SUIT NO. 998 OF 2014
MBUGUA KARIUKI..............................................................................PLAINTIFF
VERSUS
1. AGNES WAKARITI MAGONDU
2. COMMISSIONER OF LANDS
3. CHIEF LAND REGISTRAR
4. KAMITI FARMERS COMNPANY LIMITED
5. SIMON NJUGUNA NJOROGE
6. MARGARET NJOKI NJUGUNA
7. IBRAHIM KAMAU NJENGA
8. PATRICIA WANJIKU KIHURA
9. WANJIKU KIARIE
10. PETER MUNENE NDEGWA........................................................DEFENDANTS
RULING
Through the application dated 24/9/2019, the 1st Defendant sought to have the suit dismissed for want of prosecution and to have the orders issued by the court on 31/7/2018 vacated. The application was made on the ground that the Plaintiff had failed to set down the suit for hearing for over 46 months and that the matter was last in court on 31/7/2015. The application was supported by the by the 1st Defendant’s affidavit in which she claimed that she was the owner of the Suit Property. She averred that the Plaintiff had neglected the suit and that there had been inordinate delay in having the dispute over the Suit Property resolved.
The court notes from the documents in the court file that the Plaintiff has not take any action in the matter from 31/7/2015 when he was granted an order of injunction by the court restraining the Defendants from dealing with the Suit Property. Only notices of appointment of advocates were filed in the suit thereafter.
The court agrees with the 1st Defendant that the Plaintiff has lost interest in the suit and dismisses the suit for want of prosecution. The 1st Defendant is awarded the costs of the suit and of the application.
Dated and delivered virtually at Nairobi this 22nd day of July 2020
K.BOR
JUDGE
In the presence of:-
Mr. V. Owuor- Court Assistant
No appearance for the Plaintiff and the Defendants