[2017] KEELC 3534 (KLR)

[2017] KEELC 3534 (KLR)

The court found that the parties had twice failed to attend court for pre-trial conferencing and other directions as required by Order 11 of the Civil Procedure Rules. In the absence of compliance and attendance, the court determined that it was necessary to strike out the suit to uphold procedural discipline and...

Source-derived case information.

Citation
[2017] KEELC 3534 (KLR)
Parties
Applicant: Njagi Julius; Applicant: Bernard Kamwara on their own behalf & on behalf of 34 others; Respondent: David Kithaka Gaicu; Respondent: Ezekiel Muthengi; Respondent: Daniel G. Kaanake; Respondent: District Gender Social Development Officer Tharaka Nithi; Respondent: Attorney General
Court
Environment and Land Court
Court Station
Environment and Land Court at Chuka
Jurisdiction
Kenya
Case Number
Environment & Land Case 40 of 2017
Procedural Posture
Constitutional Petition / Ruling on Striking Out Suit for Non Attendance at Pre Trial
Outcome
suit struck out for non-attendance and non-compliance with pre-trial directions
Legal Topics
Pre Trial Conference, Case Management, Striking Out Suit
Source Language
en
Civil Procedure Pre Trial Conference Case Management Striking Out Suit

Source-derived case record

Summary, issues, holding and outcome

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Parties

Njagi Julius

Applicant

Bernard Kamwara on their own behalf & on behalf of 34 others

Applicant

David Kithaka Gaicu

Respondent

Ezekiel Muthengi

Respondent

Daniel G. Kaanake

Respondent

District Gender Social Development Officer Tharaka Nithi

Respondent

Attorney General

Respondent

Procedural Posture

Constitutional Petition / Ruling on Striking Out Suit for Non Attendance at Pre Trial

Legal Issues

  1. 1 Whether the suit should be struck out for failure by the parties to attend pre-trial conferencing and comply with Order 11 of the Civil Procedure Rules.

Ratio Decidendi

The court found that the parties had twice failed to attend court for pre-trial conferencing and other directions as required by Order 11 of the Civil Procedure Rules. In the absence of compliance and attendance, the court determined that it was necessary to strike out the suit to uphold procedural discipline and the efficient administration of justice.

Court Disposition

suit struck out for non-attendance and non-compliance with pre-trial directions

Orders

  • The suit is struck out.