[2023] KEELC 387 (KLR)
The court determined that since neither the parties nor their counsel attended the hearing on the scheduled date, the appropriate procedure was to apply Order 12, Rule 1 of the Civil Procedure Rules, which allows for dismissal of the suit in such circumstances. The court vacated its earlier direction to write a...
Source-derived case information.
- Citation
- [2023] KEELC 387 (KLR)
- Parties
- Plaintiff: Jackline Walekhwa Nyongesa; Defendant: John Wamalwa Nyongesa; Defendant: Fred Wasike Situma; Defendant: Land Registrar, Kajiado –North
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 919 of 2017
- Procedural Posture
- Environment and Land Case / Ruling on Non Attendance and Dismissal
- Outcome
- Suit dismissed with costs to the defendants.
- Judges
- MN Gicheru
- Legal Topics
- Dismissal for Non Attendance, Order 12 Rule 1, Hearing Procedure, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackline Walekhwa Nyongesa
Plaintiff
John Wamalwa Nyongesa
Defendant
Fred Wasike Situma
Defendant
Land Registrar, Kajiado –North
Defendant
Procedural Posture
Environment and Land Case / Ruling on Non Attendance and Dismissal
Legal Issues
- 1 Whether the suit should be dismissed for non-attendance by both parties on the hearing date.
- 2 Whether the court should proceed to write a judgment or apply Order 12, Rule 1 of the Civil Procedure Rules.
Ratio Decidendi
The court determined that since neither the parties nor their counsel attended the hearing on the scheduled date, the appropriate procedure was to apply Order 12, Rule 1 of the Civil Procedure Rules, which allows for dismissal of the suit in such circumstances. The court vacated its earlier direction to write a judgment and instead dismissed the plaintiff's suit with costs, as mandated by the procedural rules.
Court Disposition
Suit dismissed with costs to the defendants.
Orders
- The orders of June 15, 2022 are vacated.
- The plaintiff's suit is dismissed with costs under Order 12, Rule 1 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
23 paragraphs
Nyongesa v Nyongesa & 2 others (Environment & Land Case 919 of 2017) [2023] KEELC 387 (KLR) (30 January 2023) (Ruling)
Neutral citation: [2023] KEELC 387 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment & Land Case 919 of 2017
MN Gicheru, J
January 30, 2023
Between
Jackline Walekhwa Nyongesa
Plaintiff
and
John Wamalwa Nyongesa
1st Defendant
Fred Wasike Situma
2nd Defendant
Land Registrar, Kajiado –North
3rd Defendant
Ruling
1. On December 1, 2021, the Plaintiff’s counsel appeared in court and requested that the court gives him a hearing date. The court fixed June 15, 2022 as the hearing date. The Plaintiff’s counsel was to serve the Defendants’ counsel who was absent on December 1, 2021.
2. On June 15, 2022 at 10. 45 am, the case was called outside the court but neither the parties nor their counsel were present in court. The court then directed that it would consider the material field by the parties and write a judgment after deeming the Plaintiff’s case as closed.
3. Upon reflection and on second thoughts, I find that I should adopt the procedure set out in Order 12, Rule 1 of the Civil Procedure Rules which provides as follows.“If on the day fixed for hearing, after the suit has been called on for hearing outside the court, neither party attends, the court may dismiss the suit”.
4. Rather than write the judgment as earlier directed, I will vacate those orders of June 15, 2022 and substitute them with an order dismissing the Plaintiff’s suit with costs under Order 12, Rule 1 Civil Procedure Rules.
Dated, signed and delivered virtually at Kajiado this 30thday of January, 2023. M N GICHERUJUDGE______________________________________________________________________________HON JUSTICE M N GICHERU RULING ELC 919/2017 1