[2018] KEELC 3356 (KLR)
The court determined that, although there had been a notice to show cause for want of prosecution, all parties had confirmed that submissions on the main motion were filed. The respondents did not object to the suit proceeding, and the interested party requested the court to consider the application on its merits....
Source-derived case information.
- Citation
- [2018] KEELC 3356 (KLR)
- Parties
- Applicant: Njeru Mirani & 2 Others; Respondent: The Attorney General & 4 Others; Interested Party: Andrew Nyaga & 2 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 16 of 2017
- Procedural Posture
- Judicial Review / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- Suit not dismissed; directions to be taken for judgment date.
- Judges
- FM Njoroge
- Legal Topics
- Want of Prosecution, Judicial Review Procedure, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njeru Mirani & 2 Others
Applicant
The Attorney General & 4 Others
Respondent
Andrew Nyaga & 2 Others
Interested Party
Procedural Posture
Judicial Review / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution.
- 2 Whether the interests of justice require the suit to proceed.
Ratio Decidendi
The court determined that, although there had been a notice to show cause for want of prosecution, all parties had confirmed that submissions on the main motion were filed. The respondents did not object to the suit proceeding, and the interested party requested the court to consider the application on its merits. In the interests of justice, the court exercised its discretion not to dismiss the suit, instead directing the parties to attend court for directions and fixing a date for judgment.
Court Disposition
Suit not dismissed; directions to be taken for judgment date.
Orders
- The suit is not dismissed for want of prosecution.
- Parties to attend court for directions on 30th July, 2018 when a date for judgment will be fixed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA JUDICIAL REVIEW CASE NO. 16 OF 2017
NJERU MIRANI & 2 OTHERS….................................APPLICANTS
VERSUS
THE ATTORNEY GENERAL & 4 OTHERS…......RESPONDENTS
AND
ANDREW NYAGA & 2 OTHERS……....…INTERESTED PARTIES
RULING
1. Notice was issued ordering the parties to come to court on 17th May, 2017 to show cause why the suit should not be dismissed for want of prosecution.
2. All parties confirmed that submissions regarding the main motion had been filed. The Respondents left it to court to make its decision. The Interested Party asked the court to consider handling the application on its own merits.
3. In the Interest of Justice, the suit is not dismissed.
4. Parties are ordered to come to court for directions on 30th July, 2018 when a date for judgment will be fixed.
5. It is so ordered.
Delivered in open court at Chuka this 17th day of May, 2018 in the presence of:
CA: Ndegwa
Kithaka for ex-parte applicant
Kiongo for the respondents
Murango Mwenda for the Interested Party
P.M. NJOROGE
JUDGE