[2017] KEELC 2061 (KLR)
The court found that the appellants had failed to take any steps to prosecute their appeal since its filing in 2012, despite being given notice to show cause. The respondent, an elderly and vulnerable party, demonstrated that she had suffered loss and hardship due to the appellants' actions and the prolonged delay....
Source-derived case information.
- Citation
- [2017] KEELC 2061 (KLR)
- Parties
- Appellant: Njeru Murugu M'Gitunga; Appellant: Peter Mugambi Njeru; Respondent: Kagoni Muru Njeru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 23 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed; lower court judgment upheld
- Judges
- FM Njoroge
- Legal Topics
- Want of Prosecution, Title Cancellation, Land Ownership Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Njeru Murugu M'Gitunga
Appellant
Peter Mugambi Njeru
Appellant
Kagoni Muru Njeru
Respondent
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution.
- 2 Whether the respondent is entitled to restoration of title to the disputed land parcel.
Ratio Decidendi
The court found that the appellants had failed to take any steps to prosecute their appeal since its filing in 2012, despite being given notice to show cause. The respondent, an elderly and vulnerable party, demonstrated that she had suffered loss and hardship due to the appellants' actions and the prolonged delay. The court was satisfied that there was no justification for the appellants' inaction and that the interests of justice required dismissal of the appeal. The court further upheld the lower court's judgment, ordering cancellation of the disputed land title and issuance of a new title to the respondent, considering her age and health status.
Court Disposition
appeal dismissed; lower court judgment upheld
Orders
- The appeal is dismissed for want of prosecution.
- Title to Land Parcel No. N. THARAKA/MARIMANTI/234 is cancelled and a new title is to be issued to Kagoni Muru Njeru (ID NO.4518432).
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC [CA] CASE NO 23 OF 2017
FORMERLY MERU ELC [CA] CASE NO. 66 OF 2013
NJERU MURUGU M’GITUNGA………....................... 1ST APPELLANT
PETER MUGAMBI NJERU…………………………..2ND APPELLANT
VERSUS
KAGONI MURU NJERU…………………….…...….......RESPONDENT
RULING
1. Parties were to come to court to show cause why this suit should not be dismissed for want of prosecution.
2. Despite notice having been properly issued, the Appellants refused and/or failed to come to court to show cause why this appeal should not be dismissed for want of prosecution.
3. The Respondent, a very old lady, told the court that her property was destroyed by the appellants and she wanders around staying with friendly neighbours as the appellants destroyed her house.
4. I do note that since this appeal was filed in 2012 the appellants had taken no step whatsoever to prosecute their appeal.
5. I find that the Respondent has shown to the satisfaction of this court that this suit merits dismissal. Conversely, the appellants have shown no cause to the satisfaction of the court that their appeal should not be dismissed.
6. This appeal is dismissed.
7. In view of the fragile health status and old age of the Respondent whose identity card indicates that she is over 72 years old, I uphold the judgment of the lower court and in the interest of justice, issue the following orders:
1. Title to Land Parcel No. N. THARAKA/MARIMANTI/234 be cancelled and a new title be issued to KAGONI MURU NJERU (ID NO.4518432)
2. The Land Registrar in charge of Tharaka South District /Sub–County to dispense with production of the original certificate of title or tile deed.
8. It is so ordered
Delivered in open court at Chuka this 25th day of July, 2017 in the presence of:
CA: Ndegwa
Kagoni Muru Njeru - Respondent
P. M. NJOROGE
JUDGE