[2018] KEELC 1728 (KLR)
The court found that both parties and their advocates were aware of the scheduled hearing date but failed to attend court without explanation. The court adjourned the matter for 30 minutes to provide an opportunity for attendance, but neither party appeared. Given the suit had remained unheard and undetermined for...
Source-derived case information.
- Citation
- [2018] KEELC 1728 (KLR)
- Parties
- Plaintiff: Njagi Kanampiu; Defendant: Kellen Nchunguni Riungu & 3 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 265 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Dismissal for Non Attendance
- Outcome
- Suit dismissed for non-attendance.
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Non Attendance, Order 12 Rule 1, Case Management, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njagi Kanampiu
Plaintiff
Kellen Nchunguni Riungu & 3 Others
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 the parties and their advocates.
- 2 Whether the parties and their advocates were aware of the hearing date.
- 3 Whether any order as to costs should be made.
Ratio Decidendi
The court found that both parties and their advocates were aware of the scheduled hearing date but failed to attend court without explanation. The court adjourned the matter for 30 minutes to provide an opportunity for attendance, but neither party appeared. Given the suit had remained unheard and undetermined for over seven years, and in line with Order 12 rule 1 of the Civil Procedure Rules and judicial policy on timely disposal of cases, the court determined that the suit merited dismissal for want of prosecution. No order as to costs was made.
Court Disposition
Suit dismissed for non-attendance.
Orders
- The suit is hereby dismissed under Order 12 rule 1 of the Civil Procedure Rules.
- No order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 265 OF 2017
FORMERLY EMBU ELC. 79 OF 2014
NJAGI KANAMPIU ………..……………………………….PLAINTIFF
VERSUS
KELLEN NCHUNGUNI RIUNGU & 3 OTHERS…….DEFENDANTS
RULING
1. This suit was first filed as HCCC No. 58 of 2011 at Embu. It was transferred to Chuka on 26th June, 2017 where it became ELC Case No. 265 of 2017
2. On 31. 7.2018, the plaintiff gave evidence and further hearing was fixed to take place on 1. 10. 2018.
3. On 1. 10. 2018 at 9. 00am, advocate P. E. M. Majau told the court that he was ready to cross-examine the plaintiff. Hearing was fixed to commence at 9. 30am.
4. At 9. 30am neither the parties nor their advocates were in court. The suit was called on for hearing outside court. It was confirmed that the parties were not in attendance. This court adjourned for 30 minutes to give the parties and their advocates an opportunity to attend the proposed hearing.
5. At 10. 05 am, the suit was once again called on for hearing outside court. Once again, it was confirmed that they were not in attendance. Their advocates, also, were nowhere to be seen.
6. This court takes judicial notice of the fact that it is a policy of the judiciary that all suits which have remained unheard ad undetermined ought to be disposed of by end of December, 2018. This suit has remained unheard and undetermined for over 7 years.
7. I am satisfied that the parties in this suit and their advocates were aware of today’s hearing date. I, therefore, find that this suit merits dismissal.
8. In terms of the provision of Order 12 rule 1 of the Civil Procedure Rules, this suit is hereby dismissed.
9. I issue no order as to costs.
10. It is so ordered.
Delivered in open court at Chuka this 1st day of October, 2018 in the presence of:
CA: Ndegwa
Parties absent
P.M. NJOROGE
JUDGE