[2016] KEHC 2809 (KLR)
The court found that all parties were in agreement that the suit should be heard on its merits and that attempts at settlement had delayed prosecution. The parties demonstrated sufficient cause for the delay, and the court was satisfied that the interests of justice required the matter to proceed to hearing rather...
Source-derived case information.
- Citation
- [2016] KEHC 2809 (KLR)
- Parties
- Applicant: Nkubitu M'Rimberia; Respondent: Chairman Meru Central District Land Disputes Tribunal; Interested Party: Benson Kithure Nkubitu; Interested Party: Nkubitu Ibrahim; Interested Party: Rael Jepkoech Nkubitu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 5 of 2012
- Procedural Posture
- Judicial Review / Ruling on Notice to Show Cause for Dismissal Under Order 17 Rule 2(2) Civil Procedure Code
- Outcome
- Suit not dismissed; to proceed to hearing on merits.
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Judicial Review Procedure, Land Dispute Resolution
- 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
Nkubitu M'Rimberia
Applicant
Chairman Meru Central District Land Disputes Tribunal
Respondent
Benson Kithure Nkubitu
Interested Party
Nkubitu Ibrahim
Interested Party
Rael Jepkoech Nkubitu
Interested Party
Procedural Posture
Judicial Review / Ruling on Notice to Show Cause for Dismissal Under Order 17 Rule 2(2) Civil Procedure Code
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2(2) of the Civil Procedure Code.
- 2 Whether the parties have shown sufficient cause to prevent dismissal of the suit.
Ratio Decidendi
The court found that all parties were in agreement that the suit should be heard on its merits and that attempts at settlement had delayed prosecution. The parties demonstrated sufficient cause for the delay, and the court was satisfied that the interests of justice required the matter to proceed to hearing rather than be dismissed for want of prosecution. The court exercised its discretion under Order 17 Rule 2(2) of the Civil Procedure Code to decline dismissal, emphasizing the parties' readiness to prosecute the suit and the failed settlement efforts as adequate justification.
Court Disposition
Suit not dismissed; to proceed to hearing on merits.
Orders
- The suit shall not be dismissed for want of prosecution.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
JUDICIAL REVIEW NO. 5 OF 2012
NKUBITU M'RIMBERIA..........................................APPLICANT
VERSUS
CHAIRMAN MERU CENTRAL DISTRICT
LAND DISPUTES TRIBUNAL..............................RESPONDENT
BENSON KITHURE NKUBITU...........1ST INTERESTED PARTY
NKUBITU IBRAHIM...........................2ND INTERESTED PARTY
RAEL JEPKOECH NKUBITU.............3RD INTERESTED PARTY
R U L I N G
1. This Ruling concerns a Notice to show Cause why the suit should not be dismissed in terms of Order 17 Rule (2) (2) of the Civil Procedure Code. On 26/05/2016, this Court directed the parties to come to Court and show cause on 06/09/2016.
2. Mr. Otieno C. for the Exparte Applicant told the Court that the parties had intended to explore a settlement. Attempts to arrive at a Settlement took some time and this ended in parties not taking any steps towards the hearing of the suit for sometime. He told the Court that the parties were a father and wife and children. Being a land matter, he requested the Court not to dismiss the suit. He also told the Court that he had instructions to have the suit heard.
3. Mr. Kiongo for AG for the Respondent requested the Court not to dismiss the suit so that the suit could be heard on its merits.
4. Mr. Murango Mwenda , holding brief for Mr. Kaimenyi for the 1st , 2nd and 3rd Interested Parties, told the Court, that as an attempt to settle the matter had amounted to Zilch, Mr. Kaimenyi, his principal, was of the opinion that the only way the matter could be sorted out was for the suit to be heard.
5. I have considered the Submissions and the positions taken by the parties. They are all in agreement that the suit should be heard on its merits. I opine that the parties have shown to the satisfaction of the Court that this suit should not be dismissed.
6. In the Circumstances, I order that this suit be not be dismissed.
7. It is so ordered.
8. Costs shall be in the cause.
DELIVERED IN OPEN COURT AT MERU THIS 14TH DAY OF SEPTEMBER, 2016 IN THE PRESENCE OF :-
CC: Lilian /Daniel
Ken Muriuki h/b Kaimenyi for 1st, 2nd and 3rd Interested Party.
P. M. NJOROGE
JUDGE