[2023] KEELC 17497 (KLR)
The court found that both parties had entered into a consent to set aside the dismissal order and reinstate the suit. The court adopted the consent as an order, thereby setting aside the dismissal for want of prosecution and reinstating the suit for hearing and determination on merits. The court emphasized that...
Source-derived case information.
- Citation
- [2023] KEELC 17497 (KLR)
- Parties
- Applicant: Kitilai Ole Ntutu; Respondent: County Government of Narok
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Petition 6 of 2018
- Procedural Posture
- Environment and Land Petition / Ruling on Application to Set Aside Dismissal and Reinstate Suit
- Outcome
- Application allowed by consent; suit reinstated; dismissal order set aside.
- Judges
- CG Mbogo
- Legal Topics
- Reinstatement of Suit, Dismissal for Non Attendance, Review of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kitilai Ole Ntutu
Applicant
County Government of Narok
Respondent
Procedural Posture
Environment and Land Petition / Ruling on Application to Set Aside Dismissal and Reinstate Suit
Legal Issues
- 1 Whether the court should set aside the dismissal order made on 21st June, 2022 for non-attendance.
- 2 Whether the suit should be reinstated for hearing and determination on merits.
Ratio Decidendi
The court found that both parties had entered into a consent to set aside the dismissal order and reinstate the suit. The court adopted the consent as an order, thereby setting aside the dismissal for want of prosecution and reinstating the suit for hearing and determination on merits. The court emphasized that consent orders, when properly entered into by parties, are binding and the court will ordinarily adopt them unless they are unlawful or contrary to public policy. Each party was ordered to bear its own costs, and the matter was set for further mention for directions.
Court Disposition
Application allowed by consent; suit reinstated; dismissal order set aside.
Orders
- The orders dismissing the suit for want of prosecution issued on 21st June, 2022 are set aside.
- The suit is reinstated to be set down for hearing and determination on merits.
Full Case Text
Judgment text and source record
20 paragraphs
Ntutu v County Government of Narok (Environment & Land Petition 6 of 2018) [2023] KEELC 17497 (KLR) (25 May 2023) (Ruling)
Neutral citation: [2023] KEELC 17497 (KLR)
Republic of Kenya
In the Environment and Land Court at Narok
Environment & Land Petition 6 of 2018
CG Mbogo, J
May 25, 2023
Between
Kitilai Ole Ntutu
Petitioner
and
County Government of Narok
Respondent
Ruling
1. Before this court for determination is a notice of motion application dated 20th January, 2023 filed by the petitioner and which is expressed to be brought under article 159 of the Constitution, sections 1A,1B,3,3A and 63 (c) and (e) of the Civil Procedure Act and order 51 rule 1,3,13 (2) of the Civil Procedure Rules seeking the following orders: -1. spent.2. That this honourable court’s orders made on the 21st June, 2022 dismissing the suit for non-attendance together with all consequential orders be reviewed, varied and/or set aside.3. That the suit herein be reinstated and set down for hearing and determination on merits.4. That the costs of this application be in the cause.
2. The application is premised on the grounds on the face of it and supported by the affidavit Allan Liaram Meingati, Advocate for the petitioner which was sworn on even date.
3. On the March 21, 2023, this court directed that the application be canvassed by way of written submissions. None of the parties filed their written submissions. Instead, both parties entered into a consent that was filed in court on April 3, 2023.
4. By consent both parties compromised the instant application vide the said consent.
5. This court, therefore, adopts the consent entered into by the counsel for both parties and filed in court on April 3, 2023 as an order of the court in the following terms.i.That the orders dismissing the suit for want of prosecution issued on 21st June, 2022 is hereby set aside.ii.That the suit is hereby reinstated to be set down for hearing and determination on merits.iii.Each party to bear its own costs.iv.Further mention on May 29, 2023 for further directions.It is so ordered.
DATED, SIGNED & DELIVERED VIA EMAIL ON THIS 25TH DAY OF MAY, 2023. HON. MBOGO C.G.JUDGE25/5/2023. In the presence of:-T.Chuma:CA