[2018] KEELC 4641 (KLR)
The court found that both parties failed to attend the hearing on the date fixed, and no explanation was provided for their absence. In accordance with Order 12 Rule 1 of the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution. The court emphasized that failure to...
Source-derived case information.
- Citation
- [2018] KEELC 4641 (KLR)
- Parties
- Plaintiff: M’Kea Mugwika; Defendant: Mirungu Marigi (Sued as the legal representative of the estate of the late M’Marigi Mungania alias Marigi Mungania)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 70 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Dismissal for Non Attendance
- Outcome
- suit dismissed for non-attendance by both parties; no order as to costs
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Non Attendance, Order 12 Rule 1, Case Management, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M’Kea Mugwika
Plaintiff
Mirungu Marigi (Sued as the legal representative of the estate of the late M’Marigi Mungania alias Marigi Mungania)
Defendant
Procedural Posture
Land and Property Suit / Ruling on Dismissal for Non Attendance
Legal Issues
- 1 Whether the suit should be dismissed for non-attendance by both parties on the scheduled hearing date.
- 2 Whether any party should be awarded costs upon dismissal for non-attendance.
Ratio Decidendi
The court found that both parties failed to attend the hearing on the date fixed, and no explanation was provided for their absence. In accordance with Order 12 Rule 1 of the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution. The court emphasized that failure to attend hearings leads to delays and clogging of the judicial process, and such conduct cannot be condoned. No costs were awarded to either party given the circumstances.
Court Disposition
suit dismissed for non-attendance by both parties; no order as to costs
Orders
- The suit is dismissed for non-attendance by both parties.
- No costs are awarded to any of the parties.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 70 OF 2017
FORMERLY MERU ELC. 66 OF 2015
M’KEA MUGWIKA...........................................................................PLAINTIFF
VERSUS
MIRUNGU MARIGI (Sued as the legal representative of the estate of the late
M’Marigi Mungania alias Marigi Mungania)..............................DEFENDANT
RULING
1. This matter is part heard and the plaintiff Mugwika M’Kea Mugwita had his oral evidence heard on 7th November, 2017. It was ordered that the plaintiff’s further evidence be heard on 24th November, 2018. Advocates representing both parties were in court.
2. On 24th January, 2018, without any explanation, the parties failed to come to court. This practice cannot be condoned as failure to hear suits on appointed dates has led to inordinate delay in hearing and determination of suits. This has also led to the clogging up of the judicial process.
3. As neither party attended the hearing of this suit on the day fixed for hearing, and the suit was appropriately called on outside court, when it was confirmed that they had failed to attend its hearing, I invoke the provision laid down by order 12 rule 1 and resolve to dismiss this suit.
4. In the circumstances, this suit is dismissed.
5. No costs are awarded to any of the parties.
6. It is so ordered.
Delivered in open court at Chuka this 7th day of February, 2018 in the presence of:
CA: Ndegwa,
Kiogora Arithi present for the plaintiff
Mwanzia absent for the defendant
P.M. NJOROGE
JUDGE