[2018] KEELC 4751 (KLR)
The court found that the plaintiff had previously filed a similar application for inhibition and temporary injunction, which was dismissed for want of prosecution due to his non-attendance on the hearing date he had taken. The court held that bringing a fresh application seeking the same orders, without first...
Source-derived case information.
- Citation
- [2018] KEELC 4751 (KLR)
- Parties
- Plaintiff: Nathan Mpekethu Laichena; Defendant: Peter Kobia Mbabu; Defendant: Mark Maore; Defendant: The Hon. Attorney General (on behalf of the District Land Adjudication & Settlement Officer, Igembe District)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 286 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Inhibition and Temporary Injunction
- Outcome
- application dismissed with costs to 1st respondent
- Legal Topics
- Land Adjudication, Inhibition Orders, Temporary Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nathan Mpekethu Laichena
Plaintiff
Peter Kobia Mbabu
Defendant
Mark Maore
Defendant
The Hon. Attorney General (on behalf of the District Land Adjudication & Settlement Officer, Igembe District)
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Inhibition and Temporary Injunction
Legal Issues
- 1 Whether the plaintiff is entitled to orders of inhibition and temporary injunction over Parcels No. 1599, 8641, 8642 in Akirangondu 'A' Adjudication Section.
- 2 Whether the current application is res judicata or an abuse of court process following the dismissal of a similar earlier application.
Ratio Decidendi
The court found that the plaintiff had previously filed a similar application for inhibition and temporary injunction, which was dismissed for want of prosecution due to his non-attendance on the hearing date he had taken. The court held that bringing a fresh application seeking the same orders, without first seeking to set aside the dismissal or explaining the absence, constitutes an abuse of the court process. Consequently, the application was dismissed with costs to the 1st respondent.
Court Disposition
application dismissed with costs to 1st respondent
Orders
- The application dated 01:08:17 is dismissed with costs to the 1st respondent.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC NO. 286 OF 2016
NATHAN MPEKETHU LAICHENA……….......………….….…PLAINTIFF
VERSUS
PETER KOBIA MBABU …..…………………………….1ST DEFENDANT
MARK MAORE ……………………………………....…2ND DEFENDANT
THE HON. ATTORNEY GENERAL (ON BEHALF OF THE DISTRICT
LAND ADJUDICATION & SETTLEMENT OFFICER,
IGEMBE DISTRICT…………………...………………...3RD DEFENDANT
R U L I N G
1. Before me is an application filed by the Plaintiff/Applicant on 01:08:17. He is seeking orders of inhibition as well as temporary injunction in respect of Parcels No. 1599, 8641, 8642 in Akirangondu “A” Adjudication Section.
2. I find that a similar application was filed on 20:12:16 but was dismissed by the Court on 10:07:17.
3. The 1st Respondent contends that the other application was dismissed for want of prosecution while applicant avers that application was dismissed for none attendance and not for want of prosecution.
4. I have perused the record. I find that it is the Plaintiff who had taken the date at registry for the hearing of the earlier application of 20:12:16. He had been given the date of 10:07:17. It follows that the application was coming up for hearing on 10:07:17 and his none attendance occasioned the dismissal of the application.
5. It follows that the application was dismissed for want of prosecution and it is hence an abuse of the Court’s process for the Applicant to bring forth a similar application.
6. I therefore proceed to dismiss the application of 01:08:17 with costs to 1st Respondent.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 26th JANUARY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
1st Defendant Present
All other parties absent
HON. L. N. MBUGUA
ELC JUDGE