[2017] KEELC 3145 (KLR)

[2017] KEELC 3145 (KLR)

The court held that following the dismissal of the suit by Justice Githinji on 8th July 2015, it is not proper for parties to seek further directions in the matter. The court is functus officio and has no jurisdiction to entertain any further applications or directions regarding the dismissed suit. The only...

Source-derived case information.

Citation
[2017] KEELC 3145 (KLR)
Parties
Plaintiff: Nyaga Mwikamba; Defendant: Mischeck Njagi Rumuri
Court
Environment and Land Court
Court Station
Environment and Land Court at Chuka
Jurisdiction
Kenya
Case Number
Environment & Land Case 97 of 2017
Procedural Posture
Land and Property Suit / Ruling on Post Dismissal Directions
Outcome
Suit dismissed; no further directions to be entertained.
Legal Topics
Suit Dismissal, Court Registers, Post Judgment Procedure
Source Language
en
Land and Property Suit Dismissal Court Registers Post Judgment Procedure

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Parties

Nyaga Mwikamba

Plaintiff

Mischeck Njagi Rumuri

Defendant

Procedural Posture

Land and Property Suit / Ruling on Post Dismissal Directions

Legal Issues

  1. 1 Whether any further directions can be entertained after the suit has been dismissed.
  2. 2 Whether the dismissal should be formally recorded in the court register.

Ratio Decidendi

The court held that following the dismissal of the suit by Justice Githinji on 8th July 2015, it is not proper for parties to seek further directions in the matter. The court is functus officio and has no jurisdiction to entertain any further applications or directions regarding the dismissed suit. The only remaining administrative action is to ensure that the dismissal is properly recorded in the register for dismissed suits. Accordingly, the court ordered that the dismissal be so recorded and made it clear that no further directions should be brought before the court in this matter.

Court Disposition

Suit dismissed; no further directions to be entertained.

Orders

  • The dismissal of the suit is to be recorded in the register for dismissed suits.
  • No further directions are to be brought before the court in this matter.