[2024] KEELC 7123 (KLR)
The court found that the inactivity in the appeal was due to an administrative issue, specifically the failure to obtain the lower court file as requested by the Deputy Registrar on 20th March 2023. Since the application was undefended and the delay was not solely attributable to the appellants, the court determined...
Source-derived case information.
- Citation
- [2024] KEELC 7123 (KLR)
- Parties
- Appellant: Abdulrai-Man Khamis Mohamed; Appellant: Rizik Berek Kramis; Appellant: Abdulrai-Man Klmani; Respondent: Mohamed Ahmed Hadi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 27 of 2020
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Directions and Dismissal for Want of Prosecution
- Outcome
- application referred to deputy registrar for administrative action; no order as to costs
- Judges
- NA Matheka
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Directions, Court Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdulrai-Man Khamis Mohamed
Appellant
Rizik Berek Kramis
Appellant
Abdulrai-Man Klmani
Appellant
Mohamed Ahmed Hadi
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Application for Directions and Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution due to inactivity for over four years.
- 2 Whether the court should give directions on the dormant appeal.
- 3 Whether the matter is administrative and should be handled by the Deputy Registrar.
Ratio Decidendi
The court found that the inactivity in the appeal was due to an administrative issue, specifically the failure to obtain the lower court file as requested by the Deputy Registrar on 20th March 2023. Since the application was undefended and the delay was not solely attributable to the appellants, the court determined that the matter should be referred to the Deputy Registrar for further administrative action rather than dismissing the appeal for want of prosecution. No orders as to costs were made due to the lack of opposition to the application.
Court Disposition
application referred to deputy registrar for administrative action; no order as to costs
Orders
- The matter is referred to the Deputy Registrar for further action.
- There will be no orders as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
Mohamed & 2 others v Hadi (Environment and Land Appeal 27 of 2020) [2024] KEELC 7123 (KLR) (30 October 2024) (Ruling)
Neutral citation: [2024] KEELC 7123 (KLR)
Republic of Kenya
In the Environment and Land Court at Mombasa
Environment and Land Appeal 27 of 2020
NA Matheka, J
October 30, 2024
Between
Abdulrai-Man Khamis Mohamed
1st Appellant
Rizik Berek Kramis
2nd Appellant
Abdulrai-Man Klmani
3rd Appellant
and
Mohamed Ahmed Hadi
Respondent
Ruling
1. The application is dated 17th June 2024 and is brought under Sections 1A, 3A, 63(e), 79B, 79C & Order 42 Rules 11 and 13 of the Civil Procedure Act and Rules seeking the following orders:a.That this application be certified as urgent and heard ex-parte in the first instance.b.That this Honourable court be pleased to give directions in the Appeal dated 11th September 2020. c.That costs of this Application be provided for.
2. It is based on the following grounds that the Appellants/Respondents filed their Appeal on 11th September 2020 and nothing has been done ever since. The Respondent/Applicant implores this Court to deal with the matter and give directions on the same. The Appeal has been dormant for over 4 years and qualifies to be dismissed for want of prosecution. Justice delayed without explanation is justice denied and delay defeats equity. It is in the interest of justice that the orders sought herein be granted since the Appellants instituted the Appeal in 2020 and seem to have lost interest in it.
3. The application was served and it is not opposed. I have perused the court file and found that on the 20th March 2023 the Deputy Registrar ELC did request for the lower court file in order to process the same. It appears the same has not been done. I find that this is an administrative matter to be handled by the Deputy Registrar. I therefore refer this matter to the Deputy Registrar for further action. There will be no orders as to costs as this application was undefended.
4. It is so ordered.
DELIVERED, DATED AND SIGNED AT MOMBASA THIS 30THDAY OF OCTOBER 2024. N.A. MATHEKAJUDGE