[2024] KEELC 4014 (KLR)
The court found that both parties failed to comply with its directions to file written submissions within the stipulated period. As a result, the application for dismissal for want of prosecution was itself dismissed for non-compliance. However, in the interest of justice and to prevent further delay, the court...
Source-derived case information.
- Citation
- [2024] KEELC 4014 (KLR)
- Parties
- Plaintiff: Uchi Kea Ngala; Defendant: Chenda Kapita Munyoga; Defendant: Chief Land Registrar Kilifi; Defendant: Lands Registrar
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 79 of 2019
- Procedural Posture
- Environment and Land Case / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- Application dismissed for non-compliance with court directions; Plaintiff given final opportunity to fix suit for hearing.
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Delay in Prosecution, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uchi Kea Ngala
Plaintiff
Chenda Kapita Munyoga
Defendant
Chief Land Registrar Kilifi
Defendant
Lands Registrar
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to inactivity by the Plaintiff.
- 2 Whether the Plaintiff should be granted an opportunity to prosecute the suit despite delays.
Ratio Decidendi
The court found that both parties failed to comply with its directions to file written submissions within the stipulated period. As a result, the application for dismissal for want of prosecution was itself dismissed for non-compliance. However, in the interest of justice and to prevent further delay, the court directed the Plaintiff to fix the suit for hearing within 30 days, failing which the suit would stand automatically dismissed for want of prosecution. The court balanced the need for expeditious disposal of cases with the Plaintiff's right to be heard, but emphasized that compliance with court directions is mandatory for all parties.
Court Disposition
Application dismissed for non-compliance with court directions; Plaintiff given final opportunity to fix suit for hearing.
Orders
- The application dated 17th November 2023 is dismissed for failure to comply with court directions.
- No orders as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
Ngala v Munyoga & 2 others (Environment & Land Case 79 of 2019) [2024] KEELC 4014 (KLR) (2 May 2024) (Ruling)
Neutral citation: [2024] KEELC 4014 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment & Land Case 79 of 2019
FM Njoroge, J
May 2, 2024
Between
Uchi Kea Ngala
Plaintiff
and
Chenda Kapita Munyoga
1st Defendant
Chief Land Registrar Kilifi
2nd Defendant
Lands Registrar
3rd Defendant
Ruling
1. The notice of motion application dated 17th November 2023 has been filed by the Honourable Attorney General appearing for the 2nd and 3rd Defendants, and it seeks orders that the present suit is dismissed with costs for want of prosecution; and costs of the application be awarded to the 2nd and 3rd Defendants. It is premised on the grounds enumerated on its face and those established in the supporting affidavit sworn by Gabriel Ojwang.
2. The basis of the application is that the suit was instituted on 1st October 2019 vide a plaint dated 19th September 2019. Subsequently, the 2nd and 3rd Defendants entered appearance and filed a statement of defence on 7th October 2021; the 1st Defendant filed a notice of preliminary objection dated 7th October 2021 which was ultimately dismissed on 9th November 2022. Since then, the Plaintiff has failed to take any steps to prosecute the matter.
3. In a replying affidavit sworn by Michael Gitonga, counsel for the Plaintiff on 12th February 2024, counsel stated that the Plaintiff’s efforts to prosecute the matter have been encumbered by interim applications, and cited the preliminary objection that was dismissed. Counsel deposed that the ruling was delivered in the absence of parties and made available months later owing to the fact that the court had gone on transfer and technical issues with the e-filing system; that his efforts to have the matter fixed for hearing have been countered by great difficulty. Counsel urged the court to not deny the Plaintiff the opportunity to be heard.
4. On 14th February 2024, directions were issued to canvass the application by way of written submissions to be filed within a period of 28 days. Both parties failed to file written submissions.
5. In the circumstances, the application dated 17th November 2023 is dismissed with no orders as to costs for failure to comply with this court’s directions. In the interest of justice, however, the Plaintiff is directed to fix the suit for hearing within 30 days, failure to which, the suit shall stand automatically dismissed for want of prosecution.
DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 2ND DAY OF MAY 2024. MWANGI NJOROGEJUDGE, ELC, MALINDI